Pacific Bay Equipment, Michael Wayne Barrett II v. Johnny Fox
Published: Aug. 17, 2004 | Result Date: May 26, 2004 | Filing Date: Jan. 1, 1900 |Case number: C0202464 Verdict – $0
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Mark L. Dawson
(Dawson Law Offices Inc.)
Experts
Defendant
V. Paul Herbert C.P.S.A.
(technical)
Facts
In September 2000, Michael Barrett II was driving a tractor-trailer northbound on I-680 in Contra Costa County. The trailer carried an oversized, extra legal load (a massive drill rig). Barrett used his radio to inform the pilot car operator who was following behind the oversized load, Johnny Fox, that he forgot to stop at the truck scales in Pleasant Hill. Barrett then proceeded northbound past several exits until he reached the Willow Pass Road offramp. He told Fox over the radio that he was exiting. While on the offramp, Fox stayed at the rear of the oversized load to keep vehicles from passing Barrett as he turned on his left-turn light, signaling that he planned to turn under the overpass. However, Barrett intended to turn under the overpass, return to southbound I-680, exit at some location south of the northbound scales in Pleasant Hill and then stop at the truck scales so that he could explain to the California Highway Patrol officers why he had missed the scales on the first try. After exiting at the Willow Pass offramp and then approaching the overpass, Barrett stopped his rig just under the overpass, disembarked and visually inspected the clearance between the overcrossing and his load. The overpass was one foot lower than the drill rig. After deciding that there was sufficient clearance, Barrett continued forward. The tractor-trailer lodged into the concrete columns supporting the overpass, damaging the overpass itself.
Settlement Discussions
OSI settled with Pacific Bay and Barrett before trial. As to the claims against Fox, Pacific Bay and Barrett demanded $35,235 (C.C.P. Section 998, expired). Fox offered $5,001 (C.C.P. Section 998, expired), which was reduced to waiver of fees and costs in exchange for a dismissal.
Damages
Pacific Bay and Barrett sought indemnity for the amount they paid to settle with OSI ($178,000).
Other Information
Fox offered V. Paul Herbert as an expert on the standard of care for a pilot car driver. The plaintiff's motion to exclude him due to lack of qualification in that field was granted.
Deliberation
one hour
Poll
11-1
Length
three days
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