Facts

On Dec. 27, 2010, Dennis Schenk was driving in the fast lane of Beach Blvd in Stanton. At the same time, a large street sweeper driven by Alejandro Pena had made a large circular U-turn in the intersection and then stopped perpendicular to the fast lane, with the rear half of the street sweeper protruding into the fast lane. Schenk then turned his car to the right unsuccessfully trying to avoid a collision. The impact caused a fracture to Schenk's skull that was ultimately fatal.

Schenk's parents, Delmar and Marlys Schenk (81 and 79 years old respectively), were Schenk's only heirs and sued Pena, Joe's Street Sweeping Inc., and the city of Stanton for Schenk's wrongful death and punitive damages.

PLAINTIFF'S CONTENTIONS:
The Schenks argued that Pena had driven negligently and that Joe's Street Sweeping and Stanton were liable. They argued that the street sweeper had insufficient lighting and reflectors to warn drivers of its position from certain angles and that Pena had made an illegal maneuver, causing him to block traffic and resulting in the accident. Because Pena initially lied to the police about his conduct, and his supervisor told the police that Schenk had lied to the supervisor before, plaintiffs pursued a claim for punitive damages against both Pena and Joe's Street Sweeping Inc.

Plaintiffs' contended that the bond between the Schenks and their deceased son was extremely unique and close, as the decedent had lived with his parents for 50 of his 55 years of life due to health problems. As the Schenks nursed decedent through his health problems during the first 50 years of his life, even to the extent that Marlys Schenk donated one of her kidneys to Dennis Schenk, a very special bond developed between the Schenks and their son. Consequently, plaintiffs' contended that the Schenks' damages were more significant than would be typically expected between 80-year-old parents and a 55-year-old son.

DEFENDANT'S CONTENTIONS:
Pena claimed that he initially lied to the police because he had been confused and nervous about how the accident had happened. He further claimed that he had been driving safely, proceeding very slowly and with all his lights and beacons on. Joe's Sweeping further claimed that Pena had always performed well as a sweeper. Defendants contended that Schenk was at fault for the accident, because he should have seen the street sweeper and been able to avoid the impact. Defendants claimed that Schenk had eye conditions that affected his vision, and was the cause of the accident.

Damages

The Schenks requested $11,000 in burial damages, and $5 million for wrongful death damages.

Injuries

Schenk died due to blunt force trauma to the head.

Result

The parties settled for $2.75 million.