Facts

On Jan. 16, 2012, in the City of Holtville, defendant David Marini, a farmer, was instructed by Imperial County Air Pollution Control District to commence an agricultural burn at 2 p.m. Marini started the burn at the prescribed time and the wind picked up. The fire jumped from the first field to a second field that was supposed to be burned at 2:30 p.m. Smoke from the fire blew across Holt Rd. obscuring vision on the road.

Plaintiff Efrain Martinez drove his semi-tractor trailer into the smoke and stopped his vehicle on the wrong side of the road. A fireman from City of Holtville Fire Department drove north on Holt Rd. and struck the front plaintiff's parked tractor-trailer. Plaintiff was just starting to walk around the front of his truck when the fire vehicle struck him.

The city settled with plaintiff. At the time of trial the only defendant was Marini.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Marini, the City of Holtville and the county air pollution control district were all negligent.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff was primarily at fault for driving into the smoke, getting out of his vehicle and walking around the vehicle. He also claimed the fire department was at fault for driving in the smoke.

Settlement Discussions

Plaintiff demanded $900,000 for the defendants combined. Defendant Marini offered $100,001 via CCP 998.

Specials in Evidence

$13,242 $23,200 $67,000 $12,000

Result

Verdict for plaintiff, with an award of $152,942. Plaintiff's award was reduced due to plaintiff's percentage of fault, which was found to be 45 percent. Defendants' percentage of fault was found as follows: Marini 15 percent; City of Holtville 35 percent; and the Imperial County Air Pollution Control District was 5 percent. After mediation, City of Holtville settled with plaintiff for $221,250. Due to the credit from the settlement between plaintiff and the city, Marini did not have to pay any amount to plaintiff.

Other Information

Plaintiff did not contest the motion to apply the settlement credit, nor did he file a motion to tax defendant's Memorandum of Costs in the amount of $32,000. Mediation was held on June 4, 2013 before Hon. Robert Taylor, ret. EXPERT TESTIMONY: Raymond Vance testified that plaintiff should be able to return to same activities as before accident. Stephen Plourd testified that plaintiff and City of Holtville were at fault for accident by driving into smoke and parking and driving on the wrong side of road. David Duffner testified that plaintiff would have residual symptoms for the rest of his life. James McMulleno testified that Marini was negligent for starting the agricultural burn and not taking into account the wind conditions. He also testified that City of Holtville was negligent for driving in smoke and that the county air pollution control was negligent for allowing Marini to start the burn. FILING DATE: March 22, 2012.

Deliberation

nine hours

Poll

12-0 on all questions except whether Marini was negligent which was 9-3

Length

four days