Case details

Speeding motorist caused fiery crash, estate alleged

SUMMARY

$10000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, fracture, neck, vertebra
FACTS
At about 11:50 p.m. on Jan. 2, 2018, plaintiffs’ decedent Jesus Dominguez, 33, was driving in the left northbound lane of Interstate 15, near Miramar. Plaintiffs’ decedent Isaac Felix, 18, and his girlfriend, Dominguez’s sister, plaintiff Giovanna Dominguez, 18, were rear-seat passengers. Their car’s rear end was struck by a trailing vehicle that was being driven by Jeffrey Levi. The plaintiffs’ car became inoperable, and it stopped in the left northbound lane. A moment later, the car was struck by a police vehicle that was being driven by Detective Raymond Rowe. The car’s gas tank ignited. Jesus Dominguez and Felix died in the fire. Giovanna Dominguez was rescued, though she had suffered of her back and extensive burns. Levi was convicted of driving under the influence of alcohol. He was sentenced to 34 years in prison. Giovanna Dominguez, Jesus Dominguez’s widow, Samantha Munoz, Isaac’s mother, Carmen Felix, and Jesus Dominguez’s minor children sued Levi, Rowe and Rowe’s employer, the city of San Diego. The lawsuit alleged that Levi and Rowe were negligent in the operation of their respective vehicles. The lawsuit further alleged that the city was vicariously liable for Rowe’s actions. Plaintiffs’ counsel asserted that Levi was intoxicated at the time of the initial collision. Plaintiffs’ counsel contended that after the initial impact, the Dominguez vehicle remained disabled with its lights on. Counsel also contended that other motorists pulled their vehicles over and put on their hazard lights. Plaintiffs’ counsel claimed that Rowe was speeding and driving his patrol vehicle 15 mph faster than the speed limit, traveling at 70 to 88 mph. Counsel further asserted that Rowe struck the Dominguez vehicle at 78 mph. Levi conceded liability. Counsel for Rowe and the city asserted that the Dominguez vehicle could not be seen from Rowe’s vantage point and questioned whether a reasonable driver could have seen Dominguez’s disabled vehicle without lights or hazards at around 11:50 p.m. Thus, counsel asserted that Rowe acted properly in the operation of his vehicle., Giovanna Dominguez suffered fractures of her back and third-degree burns of more than 25 percent of her body. She was transported to a hospital, where she was treated for her . Her fractures healed, but she claimed that she could require further treatment of her burns, including skin grafts and reduction of scarring. Dominguez sought recovery of medical expenses and damages for past and future pain and suffering. Jesus Dominguez and Isaac suffered fatal burns and died at the scene. Their estates sought recovery of wrongful-death damages. Levi’s counsel contested whether any of Giovanna Dominguez’s were from the initial crash involving Levi’s vehicle, as the fire was caused by Rowe’s collision.
COURT
Superior Court of San Diego County, San Diego, CA

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