Case details

Motorcyclist killed when driver unsafely entered roadway: suit

SUMMARY

$375000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
death
FACTS
On April 26, 2009, plaintiff’s decedent Jodie Pierce, 69, a retired California Highway Patrol officer, was riding his Harley Davidson motorcycle on northbound State Route 49 in Madera County. When he was near the intersection with South Junction Drive, Pierce collided with a vehicle operated by Joseph Tambellini, who was making a left turn out of a shopping center onto State Route 49. Pierce sustained fatal from the accident. The decedent’s adult children from his first marriage (Jon A. Pierce, Joe Pierce and Karen Morehead), the decedent’s spouse at the time of loss (Wanda Pierce), the spouse’s two minor sons whom were adopted by the decedent (Jonathan and Nathaniel Pierce), and the decedent’s daughter from his second marriage (Mary Mellon) sued Tambellini and the landowners of the properties adjacent to the area of the accident, Howell Risner (also known as Mitchell Eisner), Pepper Fourchy, Jim and Mary Ann Slevcove as trustees of the Slevcove Family Trust, John Conovaloff as trustee of the J. Conovaloff Living Trust, and Bank of America. The decedent’s family alleged that Tambellini was negligent in the operation of his vehicle, resulting in the wrongful death of the decedent. The family also alleged the landowners failed to properly maintain their properties, creating a dangerous condition to motorists. Prior to trial, Tambellini settled with the decedent’s spouse, Wanda Pierce, and her two minor sons, Jonathan and Nathaniel Pierce, for a confidential amount. Tambellini also confidentially settled with the decedent’s daughter from his second marriage, Mary Mellon, approximately three weeks before trial. Thus, the matter continued with the claims from the decedent’s adult children from his first marriage against Tambellini, as well as all the family members’ claims against the landowners. Plaintiffs’ counsel contended that the decedent was riding his motorcycle on State Route 49, at approximately 30 to 35 mph, when Tambellini pulled out of the driveway, directly into the path of the decedent’s motorcycle. Counsel noted that the responding CHP officer cited Tambellini for a violation of California Vehicle Code § 21804(a). Both the decedent’s family and Tambellini claimed that vegetation, which had been allowed to reach an overgrown state, interfered with Tambellini’s view of the decedent’s motorcycle and, therefore, the “landowner defendants bore some responsibility for the loss.” The six landowners ultimately paid Tambellini’s umbrella carrier to extinguish the liability dispute between them, at which time Tambellini’s carrier agreed to indemnify the landowner defendants. As a result, Tambellini’s insurance policies and the landowners’ carriers funded the prior settlements with Wanda, Jonathan and Nathaniel Pierce, and with Mary Mellon. In addition, Tambellini’s attorney was substituted in as the landowners’ attorney of record, at which time the defendants admitted negligence., Jodie Pierce died from multiple traumatic from the motorcycle accident. He was 69. The decedent is survived by his second wife, two adult sons from his first marriage, an adult daughter from his first marriage, a daughter from his second marriage, and his second wife’s two minor sons, whom he had adopted. The children from the decedent’s first marriage testified about their relationship with their father prior to his death. Jon A. Pierce claimed he took various motorcycle rides with his father and tried to keep in contact with him on a monthly basis. Joe Pierce claimed he had seen his father sparingly in the five years prior to his death, while Karen Morehead claimed she had not seen her father in five years. Thus, the adult children sought recovery of $700,000 to $900,000 in non-economic wrongful death damages for the loss of their father. Tambellini’s counsel contended that while Jon A. Pierce had a close relationship and bond with the decedent, Joe Pierce and Karen Morehead had a distant relationship with their father. Thus, counsel argued that Joe Pierce and Karen Morehead only spoke to their father once every few years and had virtually no relationship. Tambellini’s counsel further argued that there was no close relationship between the decedent and either Joe Pierce or Karen Morehead. As a result, counsel argued that the jury should award no more than approximately $100,000 to $150,000 in damages.
COURT
Superior Court of Madera County, Madera, CA

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