Case details
Tractor-trailer ran stop sign and caused fatal broadside crash
SUMMARY
$1000000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
death, loss of society, multiple trauma
FACTS
On Aug. 23, 2012, at approximately 10:40 a.m., plaintiff’s decedent Arnaldo “Arnie” Arevalo-Gutierrez, 22, a college student, was driving on southbound Palm Avenue, in Wasco, when he entered the intersection with McCombs Avenue and was broadsided by a loaded semi-tractor-trailer operated by Freddy Garcia, who was traveling on westbound McCombs Avenue. Arevalo-Gutierrez died almost instantly at the scene. The decedent’s mother, Magdalena Cardenas, acting individually and as her son’s successor-in-interest, sued Garcia; Garcia’s employer and owner of the tractor-trailer, Hettinga Transportation Inc.; and the believed maintainers of the intersection, the California Department of Transportation and the county of Kern. Cardenas alleged that Garcia was negligent in the operation of his vehicle and that Hettinga Transportation was vicariously liable for Garcia’s actions through the course and scope of his work for the company. She also alleged that Caltrans and the county failed to properly repair and/or maintain the intersection, creating a dangerous condition of public property. The decedent’s father, Enrique Benitez Gutierrez, was also named in the suit as a nominal defendant who did not participate in the trial. The county ultimately settled for $10,000, and Caltrans was never served. Thus, the matter continued against Garcia and Hettinga Transportation. Plaintiff’s counsel contended that Garcia ran a stop sign at the subject intersection, resulting in a high-impact, broadside collision that killed Arevalo-Gutierrez. Defense counsel admitted that Garcia was acting within the course and scope of his employment with Hettinga Transportation and that decedent’s death was caused by Garcia’s negligence., Arevalo-Gutierrez sustained multiple traumatic and died almost instantly at the scene. He was 22. The decedent’s mother, Cardenas, claimed that Arevalo-Gutierrez was the youngest of her four children and was the last to remain at home. The decedent’s brother, sister, and aunt testified as to the loss of love, society, companionship, and care suffered by Cardenas. Thus, Cardenas waived all economic damages and sought purely general damages in the suggested amount of $15 million. (She dismissed a claim for punitive damages prior to trial.) Defense counsel did not cross-examine any witnesses and only asked the decedent’s sister a few questions. Thus, counsel asked the jury to award Cardenas $500,000 in total damages.
COURT
Superior Court of Kern County, Bakersfield, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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