Case details

Rideshare driver’s unsafe actions caused fatal crash: family

SUMMARY

$6000000

Amount

Verdict-Mixed

Result type

Not present

Ruling
KEYWORDS
death, multiple trauma
FACTS
On Dec. 27, 2017, plaintiffs’ decedent Wyatt Zmrzel, 22, a man with adrenoleukodystrophy, a rare neuro-degenerative condition, and a family friend, plaintiffs’ decedent Joseph Doub, contacted Lyft, a ridesharing company, to get a ride from Sacramento to Zmrzel’s home in Loomis. Rafiullah Amiri, a driver for Lyft, arrived shortly thereafter. However, instead of heading east, the most direct way to Loomis, Amiri drove north on Interstate 5 and then further north after merging onto State Route 99, also known as the Golden State Highway, toward Yuba City. Eventually, when the minivan was more than 20 miles off course, Amiri attempted to turn around by making a left-hand turn from the northbound lanes of SR-99 into the center turn median, which separated the northbound and southbound lanes. He then pulled out from the center median and into the southbound lanes of SR-99, where a sport utility vehicle operated by Jennifer Alford, who was traveling in the number two (middle) southbound lane, struck his minivan. Zmrzel died at the scene a half hour later, while Doub died at a hospital 69 days after the accident. Wyatt Zmrzel’s parents, William Zmrzel and Diane Love, sued Amiri; Lyft Inc.; Alford; and the co-owner of Alford’s vehicle, William Dunivin. (Docket No. 34-2018-00225197-CU-PA-GDS) Wyatt Zmrzel’s parents alleged that Amiri and Alford were negligent in the operation of their respective vehicles. They also alleged that Lyft was vicariously liable for Amiri’s actions while in the course and scope of Amiri’s employment and that Dunivin was vicariously liable for Alford’s actions. Amiri filed a separate lawsuit against Alford and Dunivin, blaming them for the accident. (Docket No. 34-2018-00227734-CU-PA-GDS) Specifically, Amiri alleged that Alford was negligent in the operation of her SUV and that Dunivin was vicariously liable for Alford’s actions. The passenger in Ms. Alford’s vehicle, her husband, Stephen Alford, filed a separate lawsuit against Amiri and Lyft, alleging that Amiri was negligent and that Lyft was vicariously liable for Amiri’s actions. (Docket No. 34-2018-00230681-CU-PA-GDS) Mr. Doub’s wife, Jacqueline Doub (acting individually and as the successor-in-interest to her husband’s estate), and their minor children, Cody Doub and Katelyn Doub, also filed a separate lawsuit against Amiri, Lyft, Ms. Alford and Dunivin, alleging the same things the Zmrzel family did. (Docket No. 34-2018-00234895-CU-PO-GDS) In addition, Ms. Alford and Dunivin brought a cross-claim against Amiri and Lyft, blaming them for the crash. The matters were consolidated, and the Doub lawsuit was designated the lead case. As a result, the claims of Wyatt Zmrzel’s parents were added to those of the Doub family, Mr. Alford’s claim was added to the cross-claim brought by his wife and Dunivin, and Amiri’s claim was added as another cross-claim. However, Ms. Doub and her children confidentially settled their claims and subsequently dismissed their complaint. Dunivin was also dismissed from the case. In addition, the cross-complaint brought by Amiri and cross-complaint brought by the Alfords and Dunivin were both dismissed. Thus, the matter proceeded to trial with only the claims brought by Wyatt Zmrzel’s parents against Amiri, Lyft and Ms. Alford. Plaintiffs’ counsel for Wyatt Zmrzel’s parents contended that Amiri was negligent for leaving the median when it was unsafe to do so and for failing to yield to southbound traffic by slowly accelerating from 3.7 mph to 16.2 mph into the path of Ms. Alford’s approaching vehicle. Counsel also contended that Ms. Alford was traveling at an excessive rate of speed, traveling at 80.8 mph, which was above the posted 65 mph speed limit on the highway. Following motions in limine, Lyft conceded that Amiri was their ostensible agent, making Lyft responsible for the actions of its driver, Amiri. However, Lyft’s counsel argued that Ms. Alford’s negligence in speeding was the substantial factor in causing the death of Wyatt Zmrzel. Counsel contended that if Ms. Alford had driven at a slower speed, then Amiri would have been able to cross the highway safely. Ms. Alford’s counsel argued that Ms. Alford’s speed, while above the posted speed limit, was not a substantial factor in causing the death of Wyatt Zmrzel, as Amiri accelerated into her lane of travel less than two seconds before the collision. Ms. Alford testified that she expected the Amiri vehicle to remain stopped in the center median and that she did not have sufficient time to avoid the crash., After the accident, Doub was transported to a hospital, where he died 69 days later. He was survived by his wife and two minor children. They sought recovery of wrongful death damages, and ultimately settled their claims for a confidential amount prior to trial. Wyatt Zmrzel sustained multiple traumatic and ultimately died at the scene approximately a half an hour after the collsion, which occurred at 10:30 p.m. Zmrzel’s parents sought recovery of wrongful death damages for the loss of their son’s love, companionship, comfort, care, assistance, protection, affection, society and moral support. Lyft’s counsel noted that Wyatt Zmrzel was afflicted with adrenoleukodystrophy, a neurodegenerative condition that more likely than not would have resulted in a shortened life expectancy had he not been killed in the traffic collision. As a result, counsel argued that Zmrzel’s parents should be awarded lower damages based on Zmrzel’s reduced life expectancy.
COURT
Superior Court of Sacramento County, Sacramento, CA

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