Case details

Officer: Speed of oncoming bike could not be appreciated

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
death, loss of society
FACTS
On the evening of April 16, 2009, plaintiff’s decedent Thomas Kimble, 56, was sitting at a bus stop on Madison Avenue near Jackson Street in North Highlands. Meanwhile, a motorcycle operated by Vladimir Denisyuk was being pursued by a California Highway Patrol Officer. Subsequently, Denisyuk was struck by a patrol vehicle operated by Deputy Sheriff Brandon Mullins, causing Denisyuk’s motorcycle to sharply careen into Kimble, who died at the scene. Kimble’s daughter, Chandra Kimble, sued Denisyuk; Denisyuk’s parents, Stepan and Faina Denisyuk; the owner of the motorcycle, ALFA Auto Sales/Dismantlers; Mullins; the unknown California Highway Patrol Officer that was pursuing Vladimir Denisyuk; and the employers of Mullins and the unidentified officer, the county of Sacramento, the Sacramento County Sheriff’s Department, the state of California and the California Highway Patrol. Ms. Kimble alleged that Vladimir Denisyuk, Mullins and the unidentified officer were negligent in the operation of their respective vehicles. She also alleged that Vladimir Denisyuk’s parents were vicariously liable for his actions, and that the county, sheriff’s department, state and highway patrol were vicariously liable for the officers’ actions. The matter ultimately proceeded to trial against Mullins, the county and the sheriff’s department, as all other defendants were let out of the case. Plaintiff’s counsel contended that Mullins was not part of the initial pursuit of Vladimir Denisyuk and that while Mullins was turning left on a green traffic light on Jackson Street, he should have seen the moving motorcycle and appreciated that it would run the red light. Defense counsel argued it was impossible for Mullins to have appreciated the 100 mph speed of the oncoming motorcycle, as there was only three seconds between the motorcycle running the red light and Mullins entering the intersection., Mr. Kimble was struck by Vladimir Denisyuk’s speeding motorcycle after it sharply careened off of the police vehicle. As a result, Mr. Kimble sustained multiple traumatic and died at the scene. He was 56. Mr. Kimble left behind an adult daughter. Thus, Mr. Kimble’s daughter sought recovery of wrongful death damages.
COURT
Superior Court of Sacramento County, Sacramento, CA

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