Tanamachi v. Jose Alvarado; Laidlaw Transit Services, Inc.
Published: Mar. 10, 2007 | Result Date: Nov. 15, 2006 | Filing Date: Jan. 1, 1900 |Case number: 04CC11334 Verdict – Defense.
Court
Orange Superior
Attorneys
Plaintiff
J. Derek Pakiz
(Reeves Law Group)
Defendant
Jerry C. Popovich
(Hawkins, Parnell & Young LLP)
Experts
Defendant
Gerald P. Bretting
(technical)
Facts
On Tuesday, Oct. 21, 2003, at approximately 4:30 a.m., 16-year-old Erin Tanamachi was a passenger in a Ford Mustang driven by her friend, Danielle Roberts, who was also 16 at the time. They were driving northbound on Euclid Street in Anaheim when they were involved in a collision with a westbound OCTA Access Bus at Euclid's intersection with Ball Road. The bus was driven by defendant Jose Alvarado who was in the course of performing his job for defendant Laidlaw Transit Services, Inc.
As a result of the accident, Erin Tanamachi died. Her father brought the lawsuit, claiming that the bus driver, Alvarado, was negligent, and seeking wrongful death damages. It was stipulated that the girls were under the influence of methamphetamine at the time of collision and were driving in excess of the posted speed limit and therefore negligent causes of some of the plaintiff's harm.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff Tanamachi contended that although the girls in the Mustang were negligent, that Alvarado was also negligent for running a red light and causing the collision.
DEFENDANTS' CONTENTIONS:
The defendants contended that Mr. Alvarado was well rested, and starting his work day. He was early for his first pick up, and was in no hurry. He approached the intersection westbound on Ball Road with a red light, and before he arrived, the light went green. He entered the intersection a couple seconds after the light changed to green, and was hit on the driver's side without any warning.
Settlement Discussions
The defendants made a statutory offer for a waiver of costs.
Damages
Wrongful death of a 16-year-old daughter. No economic damages were offered into evidence. The plaintiff asked the jury for $5 million in gross noneconomic damages, and a 50 percent apportionment to the defendants.
Result
Defense verdict.
Other Information
Plaintiff settled with the insurer for the driver of the Mustang before trial, so that the driver was not a party involved in the trial. The driver did testify.
Deliberation
one hour.
Length
six days
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