Facts

On July 28, 2012, Mercilena Otero, 48, fell asleep while driving her Dodge Durango eastbound on Interstate 10, in Redlands. Her children sued, among others, the sellers of Otero's vehicle, Silvia Macias dba 3 Brothers Auto Sales Inc., Rally Auto Group Inc., and Camacho Auto Sales. Trial proceeded against 3 Brothers Auto Sales only.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that 3 Brothers Auto Sales failed to perform a proper inspection of the vehicle. Had they done so, they would have discovered that the air bags and seat belts did not work. They claimed that their mother would not have died had there been functioning air bags and seat belts.

DEFENDANT'S CONTENTIONS:
Defendants contended that it lacked any notice of the defects due to the normal functioning of the seat belt and air bag indicator lights. Furthermore, Otero was contributorily negligent for falling asleep while driving. She also had massive amounts of methamphetamine and amphetamine in her bloodstream at the time of the collision.

Damages

Plaintiffs made a demand for $500,000 and the defense offered $45,000.

Result

The jury found 3 Brothers was 50 percent at fault, Otero was 40 percent at fault, and other parties not at trial were 10 percent at fault. It determined plaintiffs' damages were $600,000. After apportionment, plaintiffs' recovery will be $300,000.