Facts

On April 29, 2004, Angel Villanueva, Jr., 18, and Francisco Aldana, Jr., 17, were in a Volkswagen Beetle driven by Angel's father, Angel Villanueva. The Beetle was going southbound on Ferrell road, approaching Route 98 in Calexico. Villanueva tried to make a u-turn at Route 98 to go northbound on Ferrell Road. At the same time, Humberto Castro, defendant, was driving eastbound on Route 98, a highway. As defendant was trying to pass cars in front of him and approached the intersection, Villanueva made a u-turn, and defendant hit the side of Villanueva's car.

Both Angel and Francisco Aldana, Jr., died due to the accident.

Villanueva and his wife, Angel's parents, and Francisco's parents, Francisco and Ana Aldana, collectively plaintiffs, sued defendant and his employer, Benjamin Davis, for wrongful death.

PLAINTIFFS' CONTENTIONS:
The plaintiffs alleged Castro was negligent per se by going beyond the speed limit, driving on the left of a solid yellow, no-passing line, and trying to pass the Volkswagen. The plaintiffs also alleged Davis was vicariously liable, because Castro's conduct fell within the scope of his employment.

DEFENDANTS' CONTENTIONS:
The defendants argued that Villanueva was at fault because he did not stop at the stop sign at the intersection as he drove southbound on Ferrell Road. Further, when Villanueva turned, defendants argued that he turned into the path of eastbound traffic. Additionally, defendants argued that Castro passed other cars before the intersection and that he was driving within the speed limit.

Settlement Discussions

Plaintiffs requested $500,000 and defendants offered $200,000.

Damages

The plaintiffs offered to settle for $500,000 in damages for the wrongful deaths of their children.

Injuries

Angel and Francisco Aldana, Jr., were pronounced dead at El Centro Regional Medical Center.

Result

The jury returned a verdict for the defense.

Other Information

The trial was bifurcated and focused on the issue of liability. Plaintiffs have appealed.

Deliberation

40 minutes

Poll

12-0

Length

seven days