Case details

Speeding motorcycle could not be avoided, defense argued

SUMMARY

$900000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
death
FACTS
On Nov. 2, 2016, plaintiff’s decedent Fred Perez, 20, a production line worker, was motorcycling on North Olive Street, in Anaheim. His motorcycle struck the right side of the cab of a tractor-trailer operated by Balraj Dhoot, who was attempting to make a left turn into the loading area for Nor-Cal Beverage Co. Inc. Perez was ejected from the motorcycle and run over by the tractor. He died at the scene. The decedent’s parents, Maria Perez and Miguel Perez, sued Dhoot; Dhoot’s employer, Mandeep Dhoot; and Mandeep Dhoot’s business, RV1 Express. The Perez family alleged that Balraj Dahoot was negligent in the operation of the tractor-trailer and that Mandeep Dhoot was vicariously liable for Balraj Dahoot’s actions while in the course and scope of his employment. Maria Perez settled her claim prior to trial. The parties stipulated that Fred Perez was travelling at least 71 mph in a 25-mph zone when Balraj Dhoot initiated his left turn into Nor-Cal Beverage to make a delivery. As a result, Judge Ronald Bauer precluded accident-reconstruction police officers from testifying to their conclusions because the speed stipulation was cumulative of expert testimony. Plaintiff’s counsel contended that Balraj Dhoot should have seen Fred Perez’s motorcycle at that time of day, such that Dhoot should have yielded to Perez, despite Perez’s speed. Dhoot claimed that he had no ability to perceive Perez at his speed at that time of day and that the accident was solely caused by Perez’s neglect of speeding., Perez sustained traumatic and died at the scene on Nov. 2, 2016. He was survived by his father, Miguel Perez, his mother, Maria Perez, and two surviving siblings. Perez’s father sought recovery of wrongful death damages for the loss of his son.
COURT
Superior Court of Orange County, Orange, CA

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