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Personal Injury
Auto v. Truck
Intersection Collision

Steve E. Guevara, Gabriel C. Guevara v. Farmers Bros. dba Farmers Brothers Coffee, Jason Stone

Published: Apr. 22, 2006 | Result Date: Feb. 16, 2006 | Filing Date: Jan. 1, 1900 |

Case number: 05C0034 Settlement –  $1,601,000

Court

Kings Superior


Attorneys

Plaintiff

Robert M. Dowd

Michael R. Johnson


Defendant

Lee Mitchell Jacobson

Charles J. Cherrington


Experts

Plaintiff

Laura L. Liptai
(technical)

Rick A. Sarkisian
(medical)

Marianne Inouye MBA
(technical)

Defendant

Kirk A. Blackerby
(technical)

Facts

In 2004, Vickie Guevara entered the intersection of a four-way stop sign on westbound Lacey Boulevard in Hanford when her vehicle was struck by a box truck driven by Jason Stone. Stone was driving the truck in the scope of his employment with Farmer Brothers Co. The impact of the collision forced Guevara's vehicle into a telephone pole. Guevara was killed. Her husband, Steve Guevara, 57, and son Gabriel Guevara, 26, sued Stone and Farmer Bros. individually and on behalf of Guevara's estate. They alleged negligent operation of a motor vehicle and vicarious liability and sought wrongful death damages.

Farmer Bros. admitted liability. Stone was dismissed from the lawsuit upon filing for bankruptcy.

The plaintiffs' counsel contended that the defendant failed to stop at the stop sign and was driving at 50 mph when he struck the decedent's vehicle. In addition, witnesses to the accident stated that the defendant failed to slow down right before striking the decedent.

Settlement Discussions

The plaintiff demanded $2,000,000 and the defendant offered $400,000.

Damages

The decedent was an advisor to the family's farm business. Her husband sought $4,392 for her funeral expenses, as well as $522,926 for loss of society, support and household services. The decedent's son also sought damages for loss of society because he had a close relationship with his mother.

Result

The parties settled at mediation for $1,601,000.


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