Case details

Truck driver caused fatal crash by making unsafe turn: parents

SUMMARY

$2750000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
death, loss of society
FACTS
On Nov. 17, 2011, just after 3 p.m., plaintiffs’ decedent Blake Cadoret, 18, a student, was operating his 1991 Toyota Tercel on southbound Sierra Highway in Palmdale, approaching the intersection with Ave R. At same time, a 1997 BMW Z3, driven by Natanael Mendez-Soltero, was traveling on northbound Sierra Highway when a 2006 Union Pacific Chevy Silverado operated by Mark Scott, a Union Pacific signal maintainer, pulled out of the Union Pacific depot on the west side of Sierra Highway and allegedly crossed the southbound lanes in order to make left turn into the northbound lanes of travel. As a result of the truck entering the northbound lane, Mendez-Soltero swerved into the southbound lanes of travel, striking Blake’s vehicle. Blake was subsequently taken to a hospital, but he ultimately died during surgery. Blake’s parents, Mel Cadoret and Ellen Cadoret, sued Union Pacific Railroad Co.; Scott; Mendez-Soltero; the owner of Mendez-Soltero’s vehicle, Marianne Reid; Gelco Corp.; and Union Pacific Gelco Corp. The decedent’s parents reached an undisclosed settlement with Mendez-Soltero and Reid, and Gelco Corp. and Union Pacific Gelco Corp. was dismissed during trial. As such, the case continued against Union Pacific and Scott only. Plaintiffs’ counsel contended that Scott made a negligent left turn, crossing in front of Blake in the southbound lanes in order to go in the opposite direction. Counsel also contended that Scott cut off Mendez-Soltero, who was traveling in the northbound lanes. As a result, plaintiffs’ counsel contended that Mendez-Soltero had nowhere to go and swerved into oncoming traffic in an attempt to avoid hitting the Union Pacific truck and struck Blake’s vehicle. Counsel for Union Pacific and Scott contended that Mendez-Soltero was traveling at least 15 mph over the speed limit and should have seen the Union Pacific truck well before it became a potential hazard. Counsel also contended that Mendez-Soltero’s inattention was the cause of the accident. Thus, counsel argued that if Mendez-Soltero had simply applied his brakes, instead of swerving on to the wrong side of the road, the accident would not have occurred., Blake sustained multiple traumatic after his vehicle was struck head-on. He was subsequently rushed to Antelope Valley Hospital in Lancaster and underwent immediate, emergency surgery due to his internal . However, Blake died during surgery. He was 18. Blake’s parents, Mel Cadoret and Ellen Cadoret, sought recovery of wrongful death damages for the loss of their son.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

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