Facts

Plaintiffs Haley and Julianna Clowers sued Fresno County Sheriff Ronald Kurt Rossi, in connection with the death of plaintiffs' mother, Kristle Clowers.

Plaintiffs are the 10 and 13-year-old daughters of the decedent.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendant, while he was acting within the course and scope of his duties as the County Sheriff, struck and killed plaintiffs' mother, 25, as she was walking in the roadway. Plaintiffs alleged that defendant was reckless by driving his vehicle in excess of 90 mph while not on a code 3. If defendant had been driving the speed limit, 55 mph, he would have had adequate time to bring his vehicle to a stop upon seeing the decedent in the roadway. Plaintiffs claimed wrongful death.

DEFENDANT'S CONTENTIONS:
Defendant contended that it was necessary to speed in order to cover his entire beat. Defendant contended that decedent was wearing dark clothing and walking in the middle of the roadway at night, making her difficult to see. Decedent tested positive for methamphetamine and had three times the toxic level in her system at the time of the incident. Defendant argued that speed was irrelevant since decedent was not visible and defendant did not see her prior to striking her.

Settlement Discussions

Defendant offered $500,000 to settle under CCP 998.

Result

The jury unanimously found defendant negligent and awarded plaintiffs damages of $650,000. The jury found defendant to be 49 percent responsible for the incident and decedent 51 percent responsible. The net verdict was $318,500.

Length

11 days