Confidential
Settlement – $3,270,000Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Defendant
J. Dean Rice
(Hartsuyker, Stratman & Williams-Abrego)
Scott L. Hengesbach
(Murchison & Cumming LLP)
Robert S. Rubin
(Law Offices of Norman Nadel)
Charles E. Koro
(Brown Koro & Romag LLP)
Daniel R. Sullivan
(Sullivan Ballog & Williams LLP)
Facts
On Aug. 5, 1996, at the Port of Long Beach Pier A, the plaintiffs' decedent, the owner/operator of a lucrative trucking company, was working for defendant Trucking Company, as an independent trucker to haul dirt to this particular construction site. The decedent was killed when he was physically run over by his own dump truck which at the time was being rammed from the rear by defendant driver. At the time of the decedent's death, the defendant driver was an employee of defendant. A subcontractor for the construction site was operating a bulldozer owned by the general contractor for this construction site. On the day of the accident, the decedent and many other truckers picked up loads of dirt from designated locations in Los Angeles and transported the soil to the work site. The decedent was driving a 1971 Peterbilt tractor pulling two trailers known as "bottom dumpers." The decedent drove onto the work site with both trailers fully loaded with soil. After going to the scales and getting weighed, decedent proceeded to line up at the "dump zone," (the excavation pit which had to be back-filled following the removal of contaminated soil). The defendant owner and president of the general trucking company was apparently acting as the "dump man," directing truckers to the dump zone at the time of the accident. However, one witness testified in his deposition that there was no dump man. One truck at a time of drove down into the dump zone. When the dumping of the dirt was completed, the truckers would continue forward up and out of the dump zone and be on their way. If a truck got struck in the dump zone, which was estimated to happen a couple times a day, a bulldozer in the dump zone would push the truck until it was able to move forward and out of the dump zone under its own power. At the time of the accident, the defendant driver believed that the decedent's truck and trailers were temporarily stuck in the soft dirt fill. The defendant driver admitted to ramming his bulldozer in the back of decedent's truck and trailers. At the time of the accident, and unbeknowst to the defendant driver, decedent was outside of his truck's cab and was inspecting one of his truck's trailers. It was at this time that the bulldozer driver rammed decedent's truck and trailers causing them to suddenly jerk forward. Decedent was immediately knocked down by his own truck and trailers and became pinned underneath one of the trailer wheels. The plaintiffs claimed that the accident occurred, in part, because the bulldozer driver was unable to communicate to other employees, and/or be communicated with, while all of them were working on the subject construction site. The plaintiffs, the surviving wife and children, brought this wrongful death action against the defendants based on negligence.
Settlement Discussions
The plaintiffs made a settlement demand for $1 million (from general contractor); $999,999 (from subcontractor that employed defendant driver); $1 million (other subcontractors); $25,000 (soils engineer); $245,000 (soils engineer).
Specials in Evidence
$3 million $_____________
Damages
The plaintiffs claimed $3 million in damages.
Other Information
The settlement was reached approximately one year and 11 months after the case was filed. A mediation held on Dec. 12, 1997 before retired judge Robert D. Fratianne of Alternative Resolution Centers resulted in an offer of $1,385,000. The plaintiffs rejected the offer.
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