On the evening of June 9, 2009, plaintiffs’ decedent Jessica Holmes, 24, was in a recreational vehicle traveling with her fiancé, Anthony Berdinski, on Interstate 40. When they were at or about Milepost marker 102.3 in Yavapai County, Ariz., their RV was rear-ended by a tractor-trailer owned by Osterkamp Trucking Inc. and operated by Miguel Reyes. After briefly checking on Holmes, Berdinski ran up the road to confront Reyes and obtain his insurance information. Sensing that Reyes was attempting to flee, Berdinski raced out of his disabled RV in order to pursue Reyes on foot. During that time, Holmes and her dog, which was traveling with the couple, exited the RV. However, because they were on the crest of a hill, Holmes could not tell that a second tractor-trailer, operated by Stanley Schaffer and owned by Alliance Healthcare Services Inc., was approaching from the opposite end of the highway. As a result, Berdinski heard Holmes call out to their dog and turned to see Holmes a split-second before she was struck by the second tractor-trailer. Both Holmes and their dog were killed, with Berdinski helplessly watching. Berdinski sued Reyes and Osterkamp Trucking Inc. He alleged that Reyes was negligent in the operation of his vehicle and that Osterkamp Trucking was vicariously liable for Reyes’ actions. The decedent’s mother, Gale Dunning, who was acting individually and as the administrator for her daughter’s estate, and the decedent’s father, Byron Holmes, sued Berdinski; Reyes; Osterkamp Trucking Inc.; Schaffer; and Alliance Healthcare Services Inc., which was doing business as Alliance Imaging. The decedent’s parents’ action was filed in Orange County Superior Court (docket no. 30-2011-00445336). They alleged that that Berdinski, Reyes and Schaffer were negligent in the operation of their respective vehicles. They also alleged that Osterkamp Trucking was vicariously liable for Reyes’ actions and that Alliance Healthcare was vicariously liable for Schaffer’s actions. The matters were ultimate joined in Los Angeles County Superior Court, and Berdinski’s original suit was dismissed via summary judgment. In addition, the decedent’s father, Max Holmes, did not wish to be named as a plaintiff in the original action, so he was added on as a defendant. However, he did not participate in the case. Counsel for the decedent’s parents asserted that Berdinski was at least partially negligent for the initial rear-ender because his brake/tail lights were not working properly. Counsel also asserted that when Berdinski raced out of his disabled RV in order to pursue Reyes on foot, he caused the decedent’s dog to jump out of the vehicle. Counsel contended that once Jessica Holmes realized their dog had escaped, she ran out of the RV to chase after it. Counsel contended that as a result, Berdinski heard the decedent call out to their dog and turned to see Holmes in the left lane a split-second before she was struck by the Schaffer’s tractor-trailer, as Berdinski helplessly watched. According to plaintiffs’ counsel, Holmes was struck and killed less than 60 seconds after the initial rear-ender. Plaintiffs’ counsel noted that according to information downloaded from the “black box” event data recorder, Reyes had the gas pedal of his 18-wheeler 100 percent to the floor just two seconds before he rear-ended the Holmes/Berdinski RV while going uphill. Counsel contended that one second before the initial accident, Reyes still had not applied his brakes and was traveling eastbound on the I-40 at 52.5 miles per hour. Thus, plaintiffs’ counsel asserted that Reyes rear-ended the RV at a speed in excess of 50 mph and, instead of securely marking the accident with reflective warning triangles as required by state and federal law, Reyes attempted to flee the scene of the accident. Counsel noted evidence established that Reyes attempted to flee the scene, not only by Berdinski’s percipient account, but also by the “black box” in the Osterkamp tractor-trailer. Counsel asserted that Reyes ultimately did pull over, but not out of sense of responsibility or compassion, but rather, only because of mechanical damage to the Osterkamp Trucking tractor-trailer. Plaintiffs’ counsel asserted that Reyes was under the influence of drugs and/or alcohol at the time of the accident. Counsel contended that when the police arrived at the scene, Reyes avoided interaction with them and did not give a statement until hours later, which would have given Reyes time to sober up. Plaintiffs’ counsel contended that although Reyes contacted Osterkamp Trucking’s owner informed him of Holmes’ death, the owner did not direct Reyes to immediately test for drug and alcohol, which was required by federal law. Counsel contended that, instead, and despite the fact that Reyes went to the hospital and easily could have been tested at that time, Osterkamp Trucking’s owner directed Reyes to postpone submitting to a drug/alcohol test for a full 24 hours after the accident. Thus, plaintiff’s counsel asserted that Reyes followed Osterkamp Trucking’s lead and did not test for almost a full day after the accident. By contrast, counsel noted that Schaffer immediately tested in compliance with federal law. Thus, plaintiffs’ counsel asserted that Osterkamp Trucking’s callous and reckless disregard for the safety of motorists/pedestrians — including its purposeful circumvention of the federal rules regarding drug testing — pre-dated the accident. In addition, plaintiffs’ counsel contended that Osterkamp Trucking’s owner knew that Reyes was an unfit driver and, notably, Reyes did not even meet Osterkamp Trucking’s purported “minimal standards.” Counsel noted that Reyes had been in previous accidents, had been charged twice with either reckless driving/ driving under the influence of drugs or alcohol, and had been let go by a former employer because he was a poor worker. Counsel further noted that Reyes lied on his job application regarding why he had left his former position and that Osterkamp Trucking discovered that fact in its employment verification, but still entrusted Reyes to drive its tractor-trailer despite all of these misgivings. Thus, plaintiffs’ counsel asserted that Osterkamp Trucking endangered the lives of countless motorists and pedestrians on a daily basis, all for its own pecuniary benefit. Counsel contended that because of Reyes’ horrible driving record and work ethic, Reyes was a cheap hire and it was inevitable he would cause the type of catastrophic injury at issue in this case. Additionally, plaintiffs’ counsel noted that Reyes’ father also worked for Osterkamp Trucking, thus providing it with even more knowledge of Reyes’ derelict tendencies. Lastly, plaintiffs’ counsel asserted that Schaffer failed to keep a proper lookout and failed to take evasive maneuvers in order to avoid striking Jessica Holmes. Berdinski’s counsel noted that photos taken at the scene of the accidents showed that the RV’s brake/tail lights were working properly. Counsel also contended that it is unknown why Jessica Holmes left the vehicle or whether Holmes’ dog left the vehicle to follow her. Thus, counsel asserted that Berdinski was not liable for either accident. Counsel for Schaffer noted that the Alliance truck had a governor that kept the driver’s speed under the 65-mph speed limit. Schaffer claimed that after he saw the disabled vehicles on the right shoulder, he moved over to the left in compliance with Arizona law. However, he alleged that he was unaware that Holmes was chasing her dog in the dark in the interstate’s fast lane. As a result, Schaffer claimed that he applied the brakes as soon as Holmes came into view, but that there was less than 1000 feet of space for him to slow down before the impact. Thus, he claimed he was unable to avoid striking Holmes. Counsel for Osterkamp Trucking contended that the actions of its driver, Reyes, were unrelated to Schaffer striking and killing the decedent. Thus, counsel asserted that Reyes’ conduct was not a substantial factor in causing the death of Jessica Holmes. Counsel for Schaffer, Alliance, Reyes and Osterkamp Trucking contended that the decedent was contributorily negligent for the fatal accident and that Jessica Holmes assumed the risk by chasing the dog into the fast lane of an interstate at night. More specifically, they contended that Holmes failed to exercise ordinary care and caution for her own safety or welfare, or to avoid the happening of the accident, and that her actions were reckless, disproportionate and extraordinary. Plaintiffs’ counsel responded that, per Maupin v. Widling (1987) 192 Cal.App.3d 568, 575-576, a defendant who causes a car accident, and that accident causes another person to panic and that panicked reaction causes a subsequent injury, a jury may find the original tortfeasor to be the cause of the subsequent injury. Thus, counsel restated that within 60 seconds, Reyes’ negligence and attempted flight put into effect a chain of events that resulted in Jessica Holmes’ death, making Reyes’ conduct a substantial factor in causing Holmes’ death., Due to the multiple traumatic injuries caused by being struck by a vehicle, Jessica Holmes died at the scene. Berdinski claimed that he immediately ran to try and assist Holmes after helplessly watching his fiancée and his dog struck by a tractor-trailer. He alleged that as he rolled Holmes over to see if he could perform resuscitation efforts, her face literally crumbled in his hands. Plaintiffs’ counsel contended that Holmes and Berdinski represented the classic American dream. They had packed up their RV with all their belongings and were heading off with their dog to start a new life. Part of their trip was to include a visit to Holmes’ beloved mother, who was going to assist in their wedding plans. Thus, Holmes’ family sought recovery of wrongful death damages.