Craig Jenkins and Angela Jenkins v. Mid Valley Tractor Company, et al.
Published: Apr. 27, 1996 | Result Date: Feb. 28, 1996 | Filing Date: Jan. 1, 1900 |Case number: 102886 – $779,765
Judge
Court
Butte Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Gilbert Kliman
(medical)
Michael Hlastala
(technical)
Ronald G. Adams
(technical)
Michael A. Mayda
(technical)
Larry Stark
(technical)
Thomas T. Carpenter
(LaMontagne & Amador LLP)
(technical)
Defendant
Herbert A. Moskowitz
(technical)
Milo D. Bell
(technical)
Robert Anthony
(technical)
David Kemp
(technical)
Cynthia Pettross
(technical)
Jack Cetko
(technical)
Facts
On October 17, 1988, the decedents, James Jenkins, Jr., a 22-year-old mechanic, and his wife, Maryann Jenkins, a 19-year-old homemaker, were operating their automobile northbound on Larkin Road near Live Oak, California, with their minor children, Craig (age 2) and Angela (age 11 months), seated and restrained in the rear passenger seat. While traveling on Larkin Road, they came upon a farm tractor that had just been purhased from the defendant, Mid Valley Tractor Company. The tractor had a single white light showing on the rear. The decedents' vehicle struck the rear of the tractor at 53 mph. The decedents, the plaintiffs' mother and father, were killed instantly. A blood test was taken from the decedent driver, James Jenkins, 43 hours after his death showing a blood alcohol of .048. The defendant, Mid Valley Tractor Company, had taken off the standard John Deere fenders to install orchard fenders, but in the process failed to replace the amber flashers and reflectors that were originally supplied by John Deere. The plaintiffs brought this action against the defendants based on negligence and product liability of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $395,000 which was reduced to $200,000 during settlement. The defendants made a C.C.P. º998 offer of compromise for $100,000.
Specials in Evidence
$4,600 (Craig Jenkins) and $115 (Angela Jenkins) $88,000 (Craig Jenkins' future psychiatric care) and $35,000 (Angela Jenkins' future psychiatric care)
Damages
The plaintiffs claimed loss of parental income of father and mother in the amount of $350,000 to $400,000.
Injuries
Death of mother and father. The plaintiffs also alleged that they sustained minor physical injuries from which they have recovered as a result of the accident.
Result
An arbitration was held on July 16, 1991, before Harley A. Merritt of Leonard & Lyde resulting in an award in favor of plaintiffs for $243,000. The defendants filed a request for a trial de novo.
Other Information
The verdict was reached approximately five years and seven months after the case was filed. The plaintiffs expert testified that the light in the decedent's driver's lane of travel could not be recognized until 100 to 300 feet before impact.
Deliberation
10 hours
Poll
12-0
Length
10 days
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