Case details

Parents claimed driver ran red light, causing daughter’s death

SUMMARY

$1000000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
brain, brain injury, concussion, fracture, head, skull, traumatic brain injury
FACTS
At approximately 11 a.m. on Jan. 14, 2011, Nicole Davenport, 23, a courier, was driving west on Bakes Parkway in Lake Forest when she attempted a left turn onto southbound North Point Drive and was struck by a vehicle operated by Jose Javier Fernandez Ramirez, who was traveling east on Bakes Parkway. Davenport sustained fatal in the accident. The decedent’s mother, Stephanie Davenport, and the decedent’s father, Ron Davenport, acting individually and as the successor-in-interest to the estate of his daughter, sued Jose Ramirez; the believed owners of his vehicle, Rogelio Ramirez and Santiago Ramirez; the believed employers of Jose Ramirez, Select Personnel Services Inc., Select Employment Services Inc., Select Staffing, and Herbalife Manufacturing, LLC; and the believed owners and maintainers of the property where the accident occurred, the city of Lake Forest, the city of Irvine, and the county of Orange. The Davenports alleged that Jose Ramirez was negligent in the operation of his vehicle, and that the vehicle owners and the driver’s employers were vicariously liable for his actions. They also alleged that the cities and county were negligent in the repair and/or maintenance of location of the accident, creating a dangerous condition of public property. It was ultimately determined that the city of Lake Forest and Orange County were the maintainers of the location, so the city of Irvine were dismissed as it had no involvement in the matter. The Davenports alleged that the city of Lake Forest and the county of Orange created a dangerous condition of public property by allowing sight line insufficiencies with the eastbound traffic signal heads due to the road curvature and adjoining parkway trees. However, the city contended that there was sufficient visibility and no substantial risk of harm when used with due care. The Davenports ultimately settled with the city of Lake Forest for $60,000 the day before trial, while the county was dismissed two weeks before trial. It was also determined that Select Personnel and Herbalife were Jose Ramirez’s employers, and that Rogelio Ramirez was the owner of the vehicle. However, Rogelio Ramirez was dismissed prior to trial. Santiago Ramirez, Select Employment and Select Staffing were also dismissed as they had no involvement in the matter. In addition, the Davenports settled with Select Personnel and Herbalife for $115,000 on the day of trial since Jose Ramirez was in the course and scope of his employment when the accident occurred. Thus, the matter proceeded to trial against Jose Ramirez only. The Davenports’ counsel contended that Jose Ramirez was negligent for speeding and running a red light at the intersection in question, causing the accident and the decedent’s death. Jose Ramirez admitted liability, and the matter proceeded to a trial on damages., Nicole Davenport sustained a concussion and a basilar skull fracture in the accident, resulting in a traumatic brain injury. She subsequently was transported by ambulance to an emergency room, during which she was determined to be in traumatic full arrest, which is a term known by emergency medical services to describe a person with no pulse or respirations as a result of trauma. Once at the emergency room, Davenport was pronounced dead. She was 23. The decedent’s parents sought recovery of non-economic wrongful death damages for the loss of the decedent’s love, care, comfort and society. There was also a workers’ compensation lien in excess of $150,000 for funeral expenses and death benefits paid by the decedent’s employer’s workers compensation insurance carrier. State Farm Fire and Casualty Co. acted as an intervenor in the matter.
COURT
Superior Court of Orange County, Santa Ana, CA

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