Case details

Wife killed and family injured in collision with tractor-trailer

SUMMARY

$3015000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
arm, brain, brain injury, chest, closed head injury, concussion, emotional distress, fracture, head, humerus hip back head, knee, mental, nerve damage, neurological, neuropathy, psychological, rib, shoulder, tibial plateau
FACTS
On Dec. 4, 2017, plaintiff Steven Neal, 61, was driving on Palm Avenue, approaching the intersection with Eucalyptus Road, in an unincorporated area of Merced County. His passengers were his wife, plaintiffs’ decedent Cristina Neal, 57, and her daughter, plaintiff Sara Merriman, 26. As they entered the intersection, their car was struck by a tractor-trailer operated by Ricardo Arauza Jr., who was transporting a load from Napa to Dos Palos and had entered the intersection from Eucalyptus Road. The Neals’ vehicle became trapped under the left side of the truck’s trailer and was dragged through the intersection before the vehicles came to a stop in a nearby field. Ms. Neal died as a result of sustained in the accident. Mr. Neal claimed of his head, a knee, an arm, a hand and a shoulder, plus of ribs. Merriman claimed of her collarbone, head, face and tongue plus an injury of a rib. Mr. Neal, Merriman and the decedent’s other children — Ronald Neal, Veronica Trindade, Andria Neal, Christina Neal, Alan Neal, Michael Neal and Andy Neal — sued Arauza; Arauza’s trucking company, R-N-R Trucking; a commercial trucking company that hired Arauza to complete the job, Sundance Transport Inc.; the registered owner of the truck, YVM Transport, LLC; and several entities that entered into a lease/purchase agreement with YVM Transport for the subject truck, Dispatch & Logistics Service Inc., DLB Group, LLC and Esquivel Jose Rodriguez. The Neal family alleged that Arauza was negligent in the operation of his vehicle and that the remaining defendants were vicariously liable for Arauza’s actions. Plaintiffs’ counsel contended that Arauza was looking at a cell phone map as he approached the intersection and that, as a result, Arauza ran through a stop sign. Counsel also contended that Sundance Transport, as a commercial trucking company, was liable for Arauza’s actions under the nondelegable duty doctrine. Plaintiffs’ counsel further contended that YVM Transport, Dispatch & Logistics Service, DLB Group and/or Rodriguez owned the truck, making them liable for Arauza’s actions. Sundance Transport’s counsel maintained that the company was not liable for Arauza’s actions because Arauza was an independent contractor. YVM Transport’s counsel contended that Dispatch & Logistics Service, DLB Group and Rodriguez had sold the truck to Arauza without the knowledge of YVM Transport. As a result, counsel asserted that YVM Transport, Dispatch & Logistics Service, DLB Group and Rodriguez did not own the truck at the time of the accident., Cristina Neal sustained blunt force trauma to the right side of her body. She was pronounced dead at the scene on Dec. 4, 2017. She was 57 years old. She was survived by her husband, Steven Neal, then 61. She was also survived by her four adult daughters — Andria Neal, then 25; Sara Merriman, then 26; Christina Neal, then 30; and Veronica Trindade, then 37 — and her four adult sons — Michael Neal, then 32; Ronald Neal, then 33; Andy Neal, then 34; and Alan Neal, then 38. After the accident, the decedent’s husband, Steven Neal, was placed in an ambulance and transported to Doctors Hospital of Manteca, where he was treated and released the same day. Mr. Neal was diagnosed with a closed comminuted fracture of his right leg’s tibial plateau, which is a lower component of the knee. He also sustained severe closed fractures to his right ribs, a closed head injury and a fracture to right arm’s humerus. In addition, he sustained upper extremity hematomas, bruising, knots and abrasions, causing hand and arm pain. Mr. Neal underwent open reduction and internal fixation surgery on his right leg, but he continued to treat the leg injury thereafter. Mr. Neal was diagnosed with bilateral meralgia paresthetica, which is a condition that is caused by compression of the lateral femoral cutaneous nerve. The condition causes tingling, numbness and burning pain in his outer thighs. Mr. Neal claimed that he also has numbness in his left hand and fingers, along with stiffness and pain in his right knee. He further claimed that he has continued back pain, which limits his mobility and affects him at his job. In addition, Mr. Neal claimed that witnessing the loss of his wife was a traumatic experience that required him to seek psychological treatment. He was ultimately diagnosed with post-traumatic stress disorder. The other passenger in the Neal vehicle, Merriman, was transported via helicopter to Memorial Medical Center, in Modesto, where she was treated and released. She had sustained a nondisplaced fracture to the right first rib and a chipped collarbone. She also sustained to her head and face. Merriman claimed she suffered a closed head injury with a temporary loss of consciousness; a concussion; and abrasions to her head, tongue and periorbital region, resulting in facial swelling and bruising. Merriman was pregnant at the time of the accident, so she had limited treatment. She claimed that she still has constant pain to her right hip, right knee and the right side of her face. She also claimed that she has increased pain and stiffness when she is stationary for extended periods. In addition, Merriman claimed that witnessing her mother’s death was a traumatic experience that caused her to suffer emotional distress and post-traumatic stress disorder. Merriman and Mr. Neal sought recovery of their respective past and future medical expenses, past and future lost earnings, and damages for their past and future pain and suffering. The Neal family also sought recovery of funeral expenses and wrongful death damages for the loss of Cristina Neal.
COURT
Superior Court of Sacramento County, Sacramento, CA

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