Case details
Officer speeding and running red light caused fatal crash: family
SUMMARY
$2500000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
death, multiple trauma
FACTS
On Sept. 24, 2014, plaintiffs’ decedent Nancy Garrett, 72, was driving east on West China Grade Loop, in Oildale, when her vehicle entered the intersection with North Chester Avenue and was broadsided by a patrol vehicle operated by Kern County Sheriff’s Deputy Nicholas Clerico, who was traveling north on North Chester Avenue. Clerico had his lights and siren activated at the time of the crash, and he was on his way to assist another deputy who had called for assistance. Garret died at the scene. Garrett’s adult children, Mark McGowan and Deborah Blanco, sued Clerico and Clerico’s employer, the county of Kern. McGowan and Blanco alleged that Clerico was negligent in the operation of his vehicle and that the county was vicariously liable for Clerico’s actions. They also alleged that the county was liable based on municipal liability pursuant to 42 U.S.C. § 1983. Plaintiffs’ counsel contended that as Garrett entered the intersection from West China Grade Loop on a yellow light, Clerico ran a red light while traveling at 85 mph on North Chester Avenue. Counsel also noted that the California Highway Patrol found that the speed Clerico was traveling minimized the effectiveness of his lights and sirens and that a CHP investigation found Clerico at fault in the crash because he entered the intersection on a solid red light while speeding. Plaintiffs’ counsel argued that based on several years of discovery examining the training, discipline and driving practices of deputies, they determined that the death of Garrett was the result of a pattern of unsafe driving practices within the Kern County Sheriff’s Office. Counsel also argued that there was a culture among deputies within the Kern County Sheriff’s Office of driving at irresponsible and reckless speeds. Clerico pleaded no contest to misdemeanor vehicular manslaughter in 2017, and he was sentenced to 240 hours of community service., Garrett sustained multiple blunt force trauma. She ultimately died from her at the scene of the accident. Garrett was survived by her adult son, Mark McGowan, and adult daughter, Deborah Blanco. McGowan and Blanco alleged that Garrett was physically active and attended all family functions and that Garrett was the primary caregiver for two of her five great-grandchildren. They sought recovery of wrongful death damages for the loss of Garrett.
COURT
United States District Court, Eastern District, Fresno, CA
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- anxiety
- brain
- brain damage
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- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
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- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
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