Victor Medina, Irma Medina v. Skittone Almond Sheller Inc., Gibbs International Inc., Jose Valentin Pena, Continillo Family LLP, et al.
Published: Dec. 14, 2004 | Result Date: Jul. 7, 2004 | Filing Date: Jan. 1, 1900 |Case number: 329847 Verdict – $1,831,490
Judge
Court
Stanislaus Superior
Attorneys
Plaintiff
Defendant
Thomas M. Downey
(Burnham Brown)
Experts
Plaintiff
Sarkis Sarkisian
(technical)
Maged Barry
(medical)
William M. Jones
(technical)
Michael Allison
(technical)
Ana DeVilliers
(medical)
Kimberly Hawthorne
(technical)
Defendant
Craig D. Castellanet
(Public Interest Law Project)
(technical)
John B. Bahme
(technical)
Raymond Merala M.S.
(technical)
Frank A. Perez Ph.D.
(technical)
John D. Campbell
(technical)
Lucien L. Trigiano
(medical)
Ted M. Kobayashi
(technical)
Laura L. Liptai
(technical)
Michael A. Mayda
(technical)
V. Paul Herbert C.P.S.A.
(technical)
Facts
In September 2002, Kristina Medina, a 20-year-old college student, was driving her 2001 Mercury Cougar northbound on Santa Fe Avenue. Defendant Skittone Almond Sheller was harvesting nuts, creating dense and large dust clouds that covered the entire roadway of Santa Fe. No traffic control was provided. The dust clouds created a serious hazard. Drivers approaching the dust from the south stopped on the east side of the road at the south end of the dust cloud. Medina approached and stopped first. Two cars following her also stopped. None of the drivers were willing to proceed after waiting three to four minutes because their vision was completely obstructed. A truck driver, defendant Jose Pena, was driving down Santa Fe in the opposite direction. He was concealed by the dust. In response to the imminent peril, Medina began to turn around. Her car was struck by Pena who emerged from the dust cloud at a high rate of speed. Medina later died.
Injuries
The impact caused multiple injuries to Medina. She was found choking and unconscious at the accident scene. She was air-lifted to a hospital, and was listed in critical condition. A CT-scan revealed that Medina had sustained massive brain contusions and a temporal skull fracture. She never regained consciousness and was declared brain dead. The cause of death was multiple blunt force injuries to the head, with multiple abrasions and contusions to the lower extremities.
Result
The jury found Skittone Almond Sheller 35 percent at fault, Pena and Pipkin Trucking 25 percent at fault, and Medina 40 percent at fault.
Deliberation
2.5 days
Length
six weeks
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