Facts

On Nov. 22, 2009, at approximately 5 a.m., Rudolph Ortiz, 73, an employee and driver for Bhandal Bros Trucking Inc., pulled his 18-wheeler off the 210 freeway and parked on the shoulder. Michael Asam, 41, and his family were driving a GMC Yukon pulling a utility trailer while on their way to Oregon for the Thanksgiving holiday. Shortly after, Asam attempted to get off the road and onto the shoulder and collided with the rear of the parked Bhandal Bros truck. Asam, his wife Shannon, 40, and his oldest son Brennan, 14, were pinned underneath the wreckage. The two youngest children, Blaine, 11, and Kylie, 9, managed to escape through a broken rear window and attempted to open the door to get their mother out of the car unsuccessfully. A fire started in the engine compartment of the SUV and ultimately caused the death of Michael Asam, Shannon and Brennan.

Plaintiffs Kylie and her brother Blaine filed a suit against Ortiz and his employer.

PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed that Asam was driving when he struck a piece of roadway debris causing the left front tire of the trailer to lose pressure and needed to make an emergency maneuver to get off the road and onto the shoulder. Plaintiffs contended that defendants were liable for the harm because Ortiz was parked illegally on the shoulder of the highway, which caused the collision.

Despite efforts to save Michael, Shannon and Brennan, the fire became too large. As Shannon pleaded for her life, she, Michael and Brennan burned to death in front of her children. All the while, plaintiffs contended, the truck driver remained in his cab. Ortiz had only obtained his commercial driver's license two years previously at the age of 71.

Ortiz had told at least three different stories as to why he was parked on the shoulder of the freeway, including his original story that he was there to sleep, he also told an officer that he had stopped to urinate. He later claimed that he had had a headache, which plaintiff claimed Ortiz had come up with the day after the incident after having contacted his employer.

DEFENDANT'S CONTENTIONS:
Defendants denied liability. Defendants contended that Ortiz had pulled his truck over and parked 13 feet to the right of the shoulder in a dirt area to take aspirin due to a disabling headache in compliance with federal regulations, was not aware of any other safer locations to stop, and was not physically able to continue looking for safer locations. Ortiz was not on the shoulder and that he pulled over 3 feet to the right of the shoulder, leaving 13 feet for another vehicle to pull onto the emergency parking lane if needed, and therefore was not in violation of the emergency parking only law because it applied only to the 10 foot shoulder. Ortiz turned off his truck's headlights but left on his running lights, navigation lights, and taillights. He also testified that he believed he left his flashers on and was not there long enough to put out reflective triangles. He was stopped for less than 5 minutes according to the truck's electronic data recorder. Ortiz had only obtained his commercial driver's license 2 years previously at the age of 71.

Defendants also contended that Michael Asam's utility trailer was carrying 4000 pounds of motorcycles and gasoline when he allegedly struck a piece of roadway debris causing the left front tire of the trailer to lose pressure. Defendants claimed there was no proof offered during the trial that the Asam vehicle actually struck any roadway debris, and police stated that they searched and found no such debris. The defense contended that the damage to the rim occurred during the collision, a conclusion supported by police testimony. Asam allegedly made an emergency maneuver to get off onto the shoulder, however there was no evidence of steering, tire marks or braking and he collided with the back of the parked Bhandal Bros. truck at 40-50 mph with the Yukon and it's trailer completely aligned.

Defendants contended that plaintiff failed to meet her burden of proof. Defendants claimed that Michael Asam experienced microsleep and drifted off of the roadway, resulting in the collision.

Result

The jury found in favor of the plaintiff and awarded her $150,750,000. In closing arguments, plaintiff asked for total damages in the sum of $130 million and the jury awarded an additional $20 million above and beyond what plaintiff had requested.

Other Information

Defendants intend to file a motion for judgment notwithstanding the verdict, a new trial, to set the verdict aside and for remittitur. Defendant also intends to appeal the verdict. FILING DATE: Oct. 11, 2011.

Deliberation

four days

Length

25 days