Case details
Motorcyclist killed during incident with turning truck
SUMMARY
$3900000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
death
FACTS
On Nov. 4, 2017, plaintiffs’ decedent Dustin Rodas, 20, was motorcycling on the westbound side of Harley Knox Boulevard, near its intersection at Indian Avenue, in Perris. A slow-moving westbound tractor-trailer was ahead of him. Because of construction in the area, there were only two open westbound lanes: a through-lane on the far left, in which the tractor-trailer was traveling, and a right-turn-only lane, in which traffic-control cones were situated. When Rodas reached the rear of the tractor-trailer, he accelerated, veered into the right-turn-only lane and attempted to pass the truck on the right. The rig’s driver, Luis Garcia Lopez, intended to turn right at the intersection and began his turn at the same moment Rodas was attempting to pass. Rodas resultantly struck the right side of the rig and fell under the tires. He died instantly. Rodas’ parents, Mario Rodas and Sandra Rodas, sued Lopez and the company for which Lopez was hauling cargo, Performance Team LLC. The lawsuit alleged that Lopez was negligent in the operation of his vehicle. The lawsuit further alleged that Performance Team was vicariously liable for Lopez’s actions. Performance Team impleaded the construction company that was working in the area, Fullmer Construction, and the company that provided the traffic-control cones, A Cone Zone Inc. Performance Team alleged that Fullmer Construction and A Cone Zone negligently created a dangerous condition that caused the accident. Fullmer Construction and A Cone Zone were later added as direct defendants. Fullmer Construction and A Cone Zone each asserted cross-complaints against the other defendants, alleging that the others were liable for the accidents. Plaintiffs’ counsel claimed that Lopez turned right from the far left lane, failed to use his turn signal, and was driving with cracked mirrors on his passenger side, which prevented him from seeing Dustin Rodas. Plaintiffs’ counsel also contended that Fullmer Construction and A Cone Zone created a dangerous condition by negligently placing the traffic-control cones in the area, which made it impossible for the tractor-trailer to turn right from the right-turn-only lane. Defense counsel asserted that Rodas caused the accident by attempting to pass Lopez’s tractor-trailer on the right, failing to use a turn signal, and illegally attempting to travel straight through the intersection in a right-turn-only lane. Defense counsel also asserted that, at the time of the accident, Rodas was driving under the influence of marijuana. Toxicology reports showed high levels of active tetrahydrocannabinol in his system. Counsel for Fullmer Construction and A Cone Zone denied that the traffic cones created a dangerous condition., Rodas died instantly. His parents sought recovery of damages for the loss of their son’s love, society and companionship.
COURT
Superior Court of Riverside County, Riverside, CA
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