Case details

Truck driver’s refusal to allow car to pass caused crash: suit

SUMMARY

$2800000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
brain, concussion, emotional distress, head, mental, psychological
FACTS
On Dec. 6, 2013, plaintiffs’ decedent Kenny Anderson, 39, was driving a 2008 Mitsubishi Eclipse sedan on southbound U.S. 93, in Nevada, with his wife, plaintiff Kimberly Anderson, 38, as a front seat passenger. When they were 20 miles south of Jackpot, Nev., Mr. Anderson attempted to pass a semi-truck operated by Chris Galvan and owned by Gardner Trucking Inc. After entering the northbound lane, the Andersons’ vehicle collided head-on with a 1995 Ford Explorer sport utility vehicle operated by plaintiff’s decedent Craig Hakala, 49, who was traveling on northbound U.S. 93. Mr. Anderson and Mr. Hakala both sustained fatal . Ms. Anderson sustained to her head. Mr. Hakala’s wife, Linda Hakala, acting individually and on behalf of her husband’s estate sued Galvan, Gardner Trucking, and the estate of Mr. Anderson. Ms. Hakala alleged that Galvan and Mr. Anderson were negligent in the operation of their respective vehicles and that Gardner Trucking was vicariously liable for Galvan’s actions. Galvan and Gardner subsequently brought a cross-claim against the estate of Mr. Anderson, and Mr. Anderson’s estate brought a cross-claim against Galvan and Gardner, blaming each other for the crash. Ms. Anderson and her children (Cameron Anderson, Melanie Anderson, Nicholas Anderson and Zachary Anderson) filed a separate complaint against Galvan and Gardner Trucking, alleging that Galvan was at fault and that Gardner Trucking was liable for Galvan’s actions. In addition, Mr. Hakala’s mother, Patricia Hakala, filed a separate complaint against Galvan, Gardner Trucking, and the estate of Kenny Anderson. The Hakala family and the Anderson family ultimately consolidated their claims against Galvan and his employer. However, Linda Hakala and Patricia Hakala confidentially settled with Gardner Trucking and Galvan. Thus, the matter continued to mediation with the Anderson family’s claims against Galvan and Gardner Trucking only. The Andersons’ counsel contended that Galvan would not allow Kenny Anderson to pass his truck and that Galvan was playing a dangerous cat-and-mouse game with Mr. Anderson, who, in turn, became frightened and tried to pass to get away from Galvan. Counsel also contended that Mr. Anderson attempted to pass Galvan for miles, that Galvan could have pulled over to let Mr. Anderson pass, and that Galvan, as a professional truck driver, knew that motorists would be afraid to travel near his truck. The Andersons’ counsel noted that although Galvan admitted to witnessing the deadly head-on collision to his left, Galvan did not stay at the scene. Thus, counsel asserted that Galvan did not preserve evidence relating to his driving, as contained in the truck’s event data recorder, and that Gardner Trucking was liable for the actions of Galvan and for also failing to preserve evidence. Counsel for Galvan and Gardner Trucking asserted that Galvan was not involved in the incident because the Anderson vehicle never made contact with Galvan’s truck. Counsel also asserted that Mr. Anderson was the sole cause of the accident by deciding to illegally enter the northbound lane and into oncoming traffic., Kenny Anderson sustained multiple traumatic and ultimately died. He was 39 years old. He was survived by his wife, Kimberly Anderson; his two daughters, Cameron Anderson and Melanie Anderson; and two sons, Nicholas Anderson and Zachary Anderson. Thus, the Anderson family sought recovery of wrongful death damages for the loss of Mr. Anderson. The decedent’s children also sought recovery for the loss of their father and Kimberly Anderson sought recovery for her loss of consortium. Kimberly Anderson sustained a concussion and several orthopedic . She was subsequently transported to St. Luke’s Hospital, in Twin Falls, Idaho, where she was treated for her . Ms. Anderson claimed that her physical ultimately resolved, but that she continues to suffer from emotional distress as a result of the crash.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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