On March 13, 2017, plaintiffs’ decedent Abel Valenzuela, 68, was a passenger in the back of a Tri-County Medical Transport van that was transporting his wife to a doctor’s office, in Bakersfield, as it usually did. On this day, the van was being operated by Reyes Picazo. As the van entered the intersection with 24th Street and Alder Street, a Leavitt’s Freight Service semi-truck with an attached trailer, which was operated by David Boyle and transporting large electrical poles, made a left turn in front of it. As a result, there was a collision between the van and the electrical poles that extended from the rear of the Leavitt’s trailer, causing a large electrical pole to come through the back of the van and impale Valenzuela. He died at the scene. The decedent’s wife, Carmen Valenzuela, acting individually and on behalf of her husband’s estate, and their adult children (Veronica Valenzuela, Lorena Padilla, Jose Valenzuela and Fernando Valenzuela) sued Picazo; Picazo’s employer, Tri-County Medical Transport Inc.; Boyle; and Boyle’s employer, Leavitt’s Freight Service Inc. The decedent’s family alleged that Picazo and Boyle were negligent in the operation of their respective vehicles. They also alleged that Tri-County Medical Transport was vicariously liable for Picazo’s actions while in the course and scope of his employment and that Leavitt’s Freight Service was vicariously liable for Boyle’s actions while in the course and scope of his employment. Tri-County Medical Transport’s counsel moved for summary judgment on the ground that the decedent signed a waiver of liability. Counsel asserted that the decedent’s heirs could not sue Tri-County Medical Transport for his wrongful death. However, Judge Thomas Clark denied the motion., Able Valenzuela, then 68, sustained multiple traumatic as a result of being impaled by a large electrical pole that came through the back of the medical transport van. He ultimately died at the scene. The decedent was survived by his wife, Carmen Valenzuela; his two adult sons, Jose Valenzuela and Fernando Valenzuela; and two adult daughters, Veronica Valenzuela and Lorena Padilla. The decedent’s family sought recovery of wrongful death damages for the loss of Able Valenzuela.