Case details
Officer’s unsafe turn caused fatal crash: motorcyclist’s family
SUMMARY
$3800000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
death
FACTS
At around 5 p.m. on July 14, 2015, plaintiffs’ decedent Larry Maharrey, 59, a mechanic, was riding his new Harley Davidson motorcycle on eastbound Norris Road, in Bakersfield, heading home from work. As he entered the intersection with Airport Drive, his motorcycle was struck by a police vehicle operated by Sergeant Marvin Gomez, who was attempting a left turn onto southbound Airport Drive from westbound Norris Road. Gomez had the lights and siren activated on his vehicle, and was on his way to assist other deputies with a domestic violence call at the time of the accident. The California Highway Patrol later determined that because other vehicles blocked their view, Gomez and Maharrey did not become visible to each other until 0.87 seconds before the collision. After the crash, Maharrey landed on the roadway surface and died at scene. The decedent’s children, Mellari Fuller and Michael Maharrey, sued Gomez’s employer, Kern County. The decedent’s wife, Paula Maharrey, and the decedent’s step-son, Shane Dyc, sued Kern County and Gomez. The matters were ultimately consolidated. The decedent’s family alleged that Gomez was negligent in the operation of his vehicle and that the county was liable for Gomez’s actions while in the course and scope of his employment. Plaintiffs’ counsel contended that Gomez negligently turned on a red arrow, causing the collision. Counsel also contended that neither the decedent nor Gomez could see each other, despite Gomez activating his lights and sirens, and asserted that the lights and sirens were not adequate warnings to the decedent due to the visibility conditions at the intersection. Counsel also asserted that, according to the policy of the Kern County Sheriff’s Office, under such visibility circumstances, officers should pre-clear each lane of traffic before crossing through the intersection, but that Gomez did not do that when he made his left turn on a red light. In addition, plaintiffs’ counsel noted that the California Highway Patrol’s Multidisciplinary Accident Investigation Team’s investigation recommended that Gomez be charged with vehicular manslaughter, a misdemeanor, but that Gomez was never charged. The plaintiff’s accident reconstruction expert opined that the decedent was reasonably riding his motorcycle when Gomez turned left in front of him and that the lights and sirens were not sufficient warnings. Thus, the expert opined that there was nothing the decedent could have done to prevent the collision. Defense counsel contended that the decedent was traveling above the speed limit and that other traffic around the decedent had come to a stop. Thus, counsel asserted that the decedent was at fault for speeding and not yielding to emergency lights, as required by law, as other vehicles around the decedent had yielded. The county’s acoustical engineering expert opined that the decedent’s choice of helmet prevented him from hearing any sirens. The defense’s accident reconstruction expert opined that had the decedent been scanning the roadway ahead of him, as a motorcyclist is trained to do, the decedent would have been able to observe the lights on Gomez’s vehicle, hear the sirens, and had enough time to stop before entering the intersection. In addition, defense counsel contended that plaintiffs’ counsel was not accurate in their description of Kern County Sheriff’s Office’s policy and that it was presented out of context. Thus, defense counsel asserted that the policy does not set or determine the negligence standard for liability., Larry Maharrey, 59, sustained blunt force trauma to his torso and head. He ultimately died at the scene from as a result of the to his head. The decedent was survived by his wife, Paula Maharrey; his adult step-son, Shane Dyc; his adult daughter, Mellari Fuller; and his son, Michael Maharrey, who has developmental delays and was a minor at the time of the accident, but an adult at the time of the settlement. The family claimed that they were close and loving. Thus, they sought recovery of wrongful death damages for the loss of the decedent. Defense counsel disputed Maharrey’s work life expectancy, asserting that it was not as long as the plaintiffs’ economics expert estimated.
COURT
Superior Court of Kern County, Kern, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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