Case details

Tractor-trailer’s U-turn caused motorcyclist’s fatal crash: family

SUMMARY

$750000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
blunt force trauma to the head, death, head
FACTS
On Oct. 26, 2011, at approximately 5:20 a.m., plaintiffs’ decedent John King, 43, a tilesetter, was riding his Harley Davidson motorcycle on State Route 111 in Cathedral City when he swerved to avoid a big rig truck operated by Arnoldo Beltran-Mijangos, who was attempting a U-turn directly in front of him. As a result of swerving, King’s motorcycle hit a curb, launching him into a palm tree head first. King sustained fatal from the crash and was pronounced dead at the scene. Beltran-Mijangos was arrested and convicted for a felony hit-and-run for not providing his name and other information at the scene of the accident, and he was also captured on video leaving the scene. The criminal jury was hung on the question of negligent homicide, and Beltran-Mijangos was to be retried. The decedent’s widowed wife, Jeanine King, acting individually and as guardian ad litem to her minor children, Christian King and Austin Spencer, sued Beltran-Mijangos; the owner of the big rig and Beltran-Mijangos’ employer, L.A.J. Trucking; the trucking broker who brokered the load, Luis Jimenez; and the trailer owners, Mike Campbell & Associates Ltd. and Mike Campbell & Associates Logistics LLC (erroneously sued as MCA Logistics). The decedent’s adult children from a prior marriage, Zachariah King and Desiree King, were initially named as nominal defendants, but ultimately became plaintiffs in the case. The decedent’s family also amended their complaint to include the contractor that arranged the delivery of the cargo for the owner, M&V Equipment. The decedent’s family alleged that Beltran-Mijangos was negligent in the operation of the big rig and that L.A.J. Trucking was liable for Beltran-Mijangos’ actions through the course and scope of his work. They also alleged that the remaining defendants were vicariously liable based on an agency theory. Plaintiffs’ counsel contended that Beltran-Mijangos’ U-turn was illegal. Counsel further contended that Beltran-Mijangos exceeded the number of hours he could drive under the Federal Motor Carrier Safety Act (FMCSA) and, thus, fatigue was a cause of the accident. Mike Campbell & Associates Ltd., Mike Campbell & Associates Logistics LLC, and M&V Equipment LLC were nonsuited following the close of the plaintiffs’ case. Defense counsel denied the U-turn was illegal and disputed the role that fatigue may have played. Counsel contended that the decedent was wearing a non-Department-of-Transportation-approved helmet, which violated the vehicle code. Defense counsel also contended that the decedent was speeding at the time of the accident. Beltran-Mijangos did not testify based on the representation that he would assert the Fifth Amendment privilege against self-incrimination in light of the fact that an appeal of his conviction was likely. Thus, the jury was not aware of Beltran-Mijangos refusing to testify, or of his arrest, trial and conviction., John King was ejected from his motorcycle and struck a palm tree head first. He sustained blunt force trauma to his head and other fatal , and was subsequently pronounced dead at the scene. He was 43. The decedent is survived by his wife of three months, Jeanine King (age 47), two minor stepchildren (Christian King, age 10, and Austin Spencer, age 16), and two adult children from a prior marriage (Zachariah King, age 25, and Desiree King, age 23). The decedent’s family collectively sought recovery of $28.6 million in total wrongful death damages, which consisted of $28 million in non-economic general damages and $600,000 in economic damages for their future loss of earnings and household services. (Only the decedent’s wife and his stepchildren claimed financial dependency.) Defense counsel argued that there was no credible evidence of future lost earnings and that the decedent’s relationship with Jeanine King was marked by years of disputes and domestic violence. Thus, defense counsel suggested that the jury render no award for economic damages and less than $100,000 for total non-economic damages.
COURT
Superior Court of Riverside County, Palm Springs, CA

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