Rosa Elia Sanchez, Leticia Hueso, Pedro Hueso Trust, Rafael Madriz, Maria Madriz v. Randall Alan Strickland, Diestel Turkey Ranch Inc., and Does 1 through 50, inclusive
Published: Nov. 6, 2010 | Result Date: Jul. 18, 2010 | Filing Date: Jan. 1, 1900 |Case number: CV 53193 and CV 53202 Verdict – $2,575,570
Court
Tuolumne Superior
Attorneys
Plaintiff
John N. Demas
(Demas Law Group PC)
John M. O'Brien
(O'Brien & Zehnder Law Firm)
Defendant
Matthew C. Jaime
(Matheny, Sears, Linkert & Jaime LLP)
Experts
Plaintiff
Thomas J. Ayres Ph.D.
(technical)
Roger C. Allen
(technical)
Dean B. Tuft
(technical)
Robert B. Post Ph.D.
(technical)
Facts
On Oct. 20, 2005, Pedro Hueso was driving eastbound on the SR-120 freeway when he collided with a big rig truck being driven by defendant Randall Strickland and operated by defendant Diestel Turkey Ranch.
In the vehicle with Pedro Hueso is his wife, Josephia Hueso, and three other passengers: Rebeca Carbajal, Jesus and Anita Bautista. Carbajal died at the scene. Josephia Hueso died five days later, as a result of her injuries. Pedro Hueso remained at the hospital for more than 60 days, but died a few months later from a heart attack. It is unknown whether the Bautistas died on the scene. Initial investigations by the California Highway Patrol found Pedro Hueso solely at fault of the accident.
Plaintiffs, the decedents' survivors, sued Diestel Turkey Ranch and Strickland, alleging wrongful death and negligent operation of a motor vehicle.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that trailer lights on the trucks were not working and that the truck was not maintained to industry standards. Further, plaintiffs claimed that Diestel did not adequately provide safety training to its drivers.
Result
The jury awarded the Estate of Pedro Hueso $1.3 million, the heirs of Pedro and Josephia Hueso, $1.2 million, and the heirs of Carbajal $30,000. Plaintiffs' recovery was then reduced for comparative fault as follows: Diestel was found 65 percent liable, Strickland was found five percent, and Pedro Hueso was found 30 percent liable.
Deliberation
six days
Length
three weeks
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