Case details
Motorist ran stop sign, causing motorcyclist’s fatal crash: parents
SUMMARY
$7000000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
death
FACTS
On Feb. 25, 2016, plaintiffs’ decedent David Hernandez, 21, was motorcycling on San Bernardino Road, in Covina. As he entered the intersection with North Prospero Drive, the front of his motorcycle struck a utility truck operated by Earl Karch. Hernandez died at the scene. The decedent’s parents, Laura Asencio and Oscar Hernandez, sued Karch and Karch’s employer, the city of Covina. The decedent’s parents alleged that Karch was negligent in the operation of his truck and that the city was vicariously liable for Karch’s actions while in the course and scope of his employment. Oscar Hernandez settled his portion of the suit. The matter proceeded to a trial that addressed Ascencio’s claim. Asencio claimed that Karch rolled through a stop sign on North Prospero Drive and began to cross San Bernardino Road in front of David Hernandez, causing Hernandez’s motorcycle to collide into Karch’s truck. Plaintiff’s counsel noted that video surveillance showed Karch roll through the stop sign without coming to a complete stop. Defense counsel argued that Hernandez contributed to his death by driving at a high rate of speed. Counsel contended that the video showed Hernandez travelling at 70 mph in a 35-mph zone and that Hernandez was traveling faster than 70 mph prior to entering the video frame. Defense counsel further argued that had Hernandez operated his motorcycle at the posted speed limit, this accident would not have occurred., David Hernandez sustained traumatic and died at the scene of the collision. He was 21 years old and survived by his parents. Hernandez’s mother, Laura Asencio, sought recovery of wrongful death damages for the loss of her son.
COURT
Superior Court of Los Angeles County, Van Nuys, CA
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