On June 16, 2011, plaintiff Evgeny Korol, 48, a computer engineer, was driving his minivan on northbound State Route 99, on the way to Yosemite National Park, accompanied by his wife, plaintiff Katerina Korol, 44, a computer engineer, in the front passenger seat, and his children, plaintiff Eli Korol, 14, and plaintiff Beni Korol, 9, seated in the rear passenger seats. At approximately 11 p.m., Mr. Korol claimed he slowed his vehicle in response to upcoming traffic. Shortly after, the minivan was rear-ended by a box truck operated by Erik Ruddy. Eli Korol suffered a severe head injury and died within a week of the accident. The other three plaintiffs suffered soft-tissue . The plaintiffs sued Ruddy, as well as General Parts Inc. and Golden State Supply LLC, Ruddy’s employers. They alleged that Ruddy was negligent in the operation of his vehicle, and further alleged that General Parts and Golden State were vicariously liable for his actions, since Ruddy was in the course and scope of his employment at the time of the accident. The plaintiffs alleged that Ruddy failed to recognize the slowing traffic conditions and plowed into the rear of their vehicle at a high rate of speed. They contended that Ruddy was unqualified to drive a commercial vehicle and was solely responsible for the accident. The defendants contended that Ruddy was driving within the speed limit at all times, but failed to notice the plaintiffs’ vehicle, which they claimed unexpectedly slowed in response to brake lights from traffic that was at least one-half mile ahead of their vehicle. The defendants claimed that Mr. Korol was negligent for slowing down for vehicles that were far enough ahead of him, as the circumstances did not require him to slow down in the middle of a freeway with a posted speed limit of 70 mph. The defendants claimed that Ruddy was lawfully licensed to drive a commercial vehicle and that his log books were in proper order. Ruddy provided a statement to the police at the scene of the accident; however, he later claimed amnesia and eventually invoked his Fifth Amendment right at deposition. , Eli Korol suffered a severe head injury and was taken to Fresno Community Medical Center for treatment, where he died within a week of the accident due to an intracranial hemorrhage. The other three plaintiffs suffered minor soft-tissue of the neck and back, and were treated and released from the hospital. Plaintiffs Evgeny and Katerina Korol claimed their most serious injury was witnessing the accident and Eli’s severe, and later fatal, contemporaneous therewith. Beni was asleep at the time of the accident and only saw his brother’s after the accident when he woke up from the collision. The plaintiffs sought damages for the defendants’ negligent infliction of emotional distress as well as general wrongful death damages.