Case details

Parents claimed dangerous intersection caused son’s death

SUMMARY

$2600000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
death, loss of society, multiple trauma
FACTS
At around 7:45 p.m. on March 9, 2015, plaintiffs’ decedent Chris Rodriguez, 13, a student, was riding his Razor scooter north along Cummings Street, in his neighborhood in Los Angeles. As Chris entered the uncontrolled and blind intersection with Sheridan Street, he was struck by a car operated by Kyle Masui, who was traveling east on Sheridan Street. Chris died from his . Chris’ parents, Zeferina Rodriguez and Juan Rodriguez, sued Kyle Masui; the owner of Mr. Masui’s vehicle, Amy Masui; and the believed maintainers of the intersection, the city of Los Angeles, the county of Los Angeles, and the State of California Department of Transportation. Chris’ parents alleged that Mr. Masui was negligent in the operation of his car and that Ms. Masui was vicariously liable for Mr. Masui’s actions. They also alleged that the city, county and Caltrans were negligent for failing to repair the intersection’s dangerous condition. The county and Caltrans were ultimately dismissed from the case, as it was determined that the city controlled the intersection. Plaintiffs’ counsel noted that the speed limit at the intersection was 25 mph, but that there was an advisory to slow to 15 mph for speed humps. Counsel also noted that at the time of the accident, the intersection had no traffic lights, stop signs, crosswalks or signals, and only had one speed hump, which was on the other side of the intersection from Mr. Masui’s path of travel. Plaintiff’s counsel contended that the families who lived in the area had been asking for stop signs and additional speed humps or a traffic signal for years, but that the city failed to timely correct the dangerous intersection and that the city only installed an all-way stop control at the subject intersection months after Chris’s tragic death. In addition, plaintiffs’ counsel asserted that Mr. Masui was negligent for speeding. Mr. Masui claimed that he was not under the influence of alcohol or drugs and that he estimated that he was going approximately 35 to 40 mph at the time of the accident., Chris, 13, sustained multiple traumatic and subsequently died from his . He was survived by his mother, Zeferina Rodriguez, then age 54, and his father, Juan Rodriguez, then age 57. Chris’ parents sought recovery of wrongful death damages for the loss of their son.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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