Facts

Plaintiffs Maria Ramirez and her seven adult children sued James Ahlem, in connection with Jose Martinez-Sanchez's death, Ramirez's husband and the father of her children.

PLAINTIFFS' CONTENTIONS:
On July 24, 2013, the decedent, 65, was riding his bicycle along SR-129 in Watsonville when the driver of a Ford Mustang struck him. The decedent was thrown off on the opposite side of the road. Other motorists were able to divert the traffic around the decedent who, at the time, seemed to be dazed from the collision. Then, all of a sudden, defendant Ahlem, who was driving his Ford F-150 at speeds between 50 and 55 mph, ran over the decedent's chest and skull, killing him. Defendant allegedly never applied his brakes. Plaintiffs alleged that defendant was at fault for the decedent's death.

DEFENDANT'S CONTENTIONS:
Decedent was fatally injured in the first collision with the Mustang. It was a
very dark, foggy and rain shrouded road. Defendant was legally and appropriately driving when there was a sudden an unexpected emergency, namely, a dark object in the middle of a dark road. It was unknown how long decedent was in the opposite lane of the road. Defendant attempted to straddle the object but ultimately ran it over. Defendant disputed both liability and causation.

Settlement Discussions

Plaintiffs made a CCP 998 demand of $1.5 million, which Ahlem countered with a CCP 998 offer of $1.3 million. According to defense, prior to trial, plaintiffs made demands of 8 million, 6 million and 4 million.

Injuries

The decedent died from blunt force trauma.

Result

he jury found Ahlem 30 percent at fault and the decedent 70 percent at fault. It then awarded the decedent's family $3.6 million with $1.5 million going to the decedent's wife, Maria Ramirez, and $300,000 each to the decedent's seven adult children. During jury deliberations, the parties agreed to a $2.5 million post-verdict global settlement. As part of the settlement, Ahlem agreed to pay approximately $200,000 of plaintiffs' costs, and defendant reserved the right to file a motion to tax costs.

Other Information

According to defense, plaintiffs have submitted costs of approximately $169,000, and defendant Ahlem's motion to tax costs is pending due to defendant receiving a verdict less than his CCP 998 offer. FILING DATE: Feb. 11, 2014.

Deliberation

1.5 days

Length

two weeks