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Personal Injury
Auto v. Auto
Wrongful Death

Reyna Vega, Jadira Gomez, Julia Muniz, Genevieve Gomez Vega, Izaiah Ortiz v. Verizon California Inc., Mark William Selander

Published: Jul. 17, 2010 | Result Date: Jul. 1, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 1341106 Settlement –  $7,000,000

Court

Santa Barbara Superior


Attorneys

Plaintiff

Brian J. Panish
(Panish, Shea, Boyle & Ravipudi LLP)

David A. Rudorfer
(Panish, Shea & Boyle LLP)

Robert J. Stoll Jr.
(Stoll, Nussbaum & Polakov APC)

Julian A. Simonis


Defendant

Dustin E. Woods
(Lewis, Brisbois, Bisgaard & Smith LLP)

Steven Karbenig

Scott R. Diamond
(Diamond & Dragojevic LLP)

Erin Eckleman

Esther P. Holm
(Lewis, Brisbois, Bisgaard & Smith LLP)

Steven Brockmeyer

Rachel Menkes


Facts

Verizon employee Mark Selander drove his vehicle in the wrong direction on the 101 Highway and collided with a vehicle being driven by Jose Vega. As a result, Vega died. Plaintiffs Reyna Vega (wife of the decedent), Jadira Gomez and Julia Muniz (daughters of the decedent), and Genevieve Gomez Vega and Izaiah Ortiz (grandchildren of the decedent), sued defendants Mark Selander and Verizon California Inc., the owner of the vehicle Selander was driving. Genevieve Vega sued through her guardian ad litem, Jadira Gomez and Izaiah Vega sued through his Guardian ad Litem, Julia Muniz. They brought wrongful death and punitive damage claims against Verizon and Selander.

Contentions

PLAINITIFFS' CONTENTIONS:
Plaintiffs alleged that defendants committed negligence and that Verizon was liable for negligent hiring, retention, supervision, and training. Plaintiffs argued that Selander had suffered from severe diabetic hypoglycemic episodes in the past and had told his employer of his medical issues, including major sleep disorders. They claimed that despite having this knowledge, Verizon had Selander drive a large truck on highways on the graveyard shift, without any supervision. Further, they argued that Verizon failed to get Selander examined in any way after being placed on notice that he was not fit for his job duties and instead let him continue working the graveyard shift driving a company vehicle on public highways.

DEFENDANTS' CONTENTIONS:
Defendants argued that they were not responsible for the crash and contended that Selander was suffering from a medical emergency relating to the sudden onset of a hypoglycemic event. Defendants claimed that this attack caused Selander to drive on the wrong side of the highway and was tantamount to an unpredicted heart attack or stroke.

Result

After the court ruled on motions in limine, the parties reached a settlement in the amount of $7 million.


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