Case details

Plaintiffs: Vehicle sold without functioning air bags or seat belts

SUMMARY

$600000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
death, loss of parental guidance, loss of society, multiple trauma
FACTS
At around 8:49 a.m. on July 28, 2012, plaintiffs’ decedent Mercilena Otero, 48, was driving east on the Christopher Columbus Transcontinental Highway, also known as Interstate 10, in Redlands, when she fell asleep behind the wheel. Her 2001 white, Dodge Durango subsequently left the freeway at the intersection with Tennessee Street and crashed into a concrete freeway support post. Otero died at the scene. The decedent’s children, Raymond Campana, Raeann Campana, Manuel Jiminez, and Annie Tula, sued the believed maintainers of the roadway, the State of California Department of Transportation (Caltans) and the county of San Bernardino; the manufacturer of Otero’s vehicle, Chrysler Group LLC; the sellers of Otero’s vehicle, Silvia Macias (doing business as 3 Brothers Auto Sales Inc.), Rally Auto Group Inc. and Camacho Auto Sales; and the owner of Camacho Auto Sales, Cesar Camacho. Plaintiffs’ counsel contended that the subject vehicle was traded into Rally Auto Group, but at some point prior to the vehicle being traded in, it had been salvaged and tampered with to hack the air bag and seat belt warning lights. Rally Auto Group then performed an inspection and allegedly claimed that the air bag warning light was on. As a result, it wholesaled the vehicle to Camacho Auto Sales, which flipped the vehicle to 3 Brothers Auto Sales. Thereafter, 3 Brothers allegedly only performed a test drive, and then sold the vehicle to Otero. Plaintiffs’ counsel argued that 3 Brothers should have performed an adequate inspection of the vehicle, discovered the non-functioning air bags and seat belts, and not sold the vehicle to the public. Thus, counsel argued that 3 Brothers was negligent for selling the vehicle with non-functioning air bags and seat belts and that the lack of functioning air bags and seat belts caused Otero to die at the scene of the crash. The county and Chrysler Group were dismissed from the case, and several of the other defendants settled out. Thus, the matter proceeded to trial against 3 Brothers only. Counsel for 3 Brothers contended that Otero’s vehicle was “flipped” by Cesar Camacho, who only had the vehicle in his yard for one day or less, and earned $50 on the transaction. Counsel argued that the vehicle was in and out with no sign that anyone at Camacho Auto Sales even saw the vehicle. Accordingly, defense counsel argued that the vehicle was “flipped,” as opposed to being part of any actual traditional sale. The defense’s air bag expert used the term “hacking” during his testimony at trial to categorize the changes to the air bag and seat belt computer test and warning program, which were electronically altered to make the light act normally. Thus, 3 Brothers’ counsel argued that 3 Brothers lacked any notice of the defects due to the normal functioning of the air bag and seat belt lights and that the warning lights appeared normal to 3 Brothers due to professional hacking done years before 3 Brothers obtained the vehicle. Defense counsel for 3 Brothers argued that Otero was contributorily negligent for falling asleep while driving. Counsel noted that toxicology testing by the coroner’s lab showed massive levels of methamphetamine and amphetamine in Otero’s blood stream. Defense counsel also noted that the plaintiffs admitted that Otero had not slept the night before the crash. In addition, counsel argued that Otero would have died anyway due to her proximity to the steering wheel and the severity of the impact. The defense’s toxicology expert opined that meth withdrawal contributed to Otero’s unconsciousness. The defense’s biomechanics of injury expert opined that Otero’s extreme obesity — with a body mass index of 50 — and short stature negated any benefits of the air bag or belt in the severe impact., Otero sustained multiple blunt force trauma during the crash and subsequently died at the scene. She was 48 years old and is survived by her adult daughter, Raeann Campana; adult sons, Raymond Campana and Manuel Jiminez; and minor daughter, Annie Tula. Thus, Otero’s children sought recovery of wrongful death damages for the loss of their mother.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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