Facts

Denis Le Moullac and Jessie Jewitt sued Daylight Foods Inc. and its employee, Gilberto Alcantar, in connection with the death of their 24-year-old daughter, Amelie Le Moullac. On August 14, 2013, Alcantar made a right turn across a bicycle lane in downtown San Francisco and struck Amelie Le Moullac. She sustained fatal injuries.

Decedent did not reside with either parent at the time of her death and had not lived with her father since age 7.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that their daughter was riding her bicycle in a bike lane when she was involved in a fatal motor vehicle accident caused by defendant Daylight Foods' delivery truck driver. Plaintiffs claimed that Alcantar negligently failed to merge into the bike lane before turning and then failed to ensure it was safe to turn before doing so.

DEFENDANTS' CONTENTIONS:
Defendants denied the allegations and asserted various affirmative defenses. Defendants claimed that decedent caused the collision by attempting to pass Alcantar on the right while he was turning and that she should have merged to the left around him. Defendants also cited an iPod and earbuds found near decedent's body as evidence that distracted bicycle riding contributed to her death.

Result

The jury rendered a verdict in favor of the plaintiffs, finding Daylight Foods 100 percent responsible for decedent's death. The jury awarded plaintiff $4 million in total damages. Of the award, the jury awarded Jessie Jewitt $155,000 for damages for her past loss of relationship with her daughter and $2.845 million for future loss of relationship. The jury awarded Denis Le Moullac $86,000 in damages for past loss of relationship with his daughter and $914,000 for future loss of relationship.

Deliberation

three days

Length

18 days