Maria Ramirez, et al. v. City of Bakersfield
Published: Jul. 9, 2011 | Result Date: May 20, 2011 | Filing Date: Jan. 1, 1900 |Case number: CV-267729-WDP Verdict – $2,100,000
Court
Kern Superior
Attorneys
Plaintiff
David K. Cohn
(Chain Cohn Stiles)
Brian J. Panish
(Panish, Shea, Boyle & Ravipudi LLP)
Deborah Chang
(Chang Klein LLP)
Defendant
Michael L. O'Dell
(Clifford & Brown PC)
Facts
On July 10, 2008, Armando Morataya decided to rest on the grass at Jefferson Park in the City of Bakersfield. Timothy Ornelas, a city parks department worker, ran over and killed Morataya. Maria Ramirez, who was the decedent's mother, and Erika and Cindy Morataya, who were his daughters, sued Bakersfield and Ornelas, claiming motor vehicle neglect and wrongful death.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs argued that Ornelas did not use due care in driving the city vehicle.
DEFENDANT'S CONTENTIONS:
Defendant agreed that Ornelas was at fault and stipulated to liability and causation.
Settlement Discussions
Defendant offered $500,000. Plaintiffs demanded $5 million.
Result
The jury awarded plaintiffs $2.1 million, awarding each daughter $400,000.
Length
two days
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