Facts

On July 11, 2005, at approximately 11:20 p.m., the decedent, Barbara Woodgrift, a 41-year-old homemaker/caretaker, was killed when she crashed her 2002 Yukon into the rear of defendants' utility trailer, which was parked on the side of a dark stretch of State Highway 74 in Lake Elsinore. Bystanders pulled the decedent from the fiery wreck.

One of the decedent's children, Kenneth, 10, was a backseat passenger in the decedent's vehicle when the accident occurred and witnessed the aftermath of the collision. Kenneth is autistic and was reliant upon his mother for his special needs. The plaintiffs were the husband of the decedent, Randel Woodgrift and two minor children.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that though the defendants' out-of-service trailer was parked at a location on State Highway 74 that permitted parking, the defendants were actually using that location as a de facto storage space for their trailer, and doing so without placing red emergency reflectors to its side and rear. That conduct violated both Streets and Highway Code Section 731 and Vehicle Code Sections 25300 and 23152(a). The plaintiffs further contended that defendants could have safely stored their trailer nearby at their truck terminal, but chose to park it on the state highway as a matter of convenience.

DEFENDANTS' CONTENTIONS:
Defendants contended that consistent with the conclusion of the Riverside Sheriff's Department, decedent was the primary cause of the accident as she was heavily intoxicated (.22) when the accident occurred, and she crashed into the rear of the trailer which was lawfully parked, without braking. Additionally, both the decedent and her minor son were unbelted when the accident occurred.

Settlement Discussions

The plaintiff demanded $1 million policy limits to defendant R&R Trucking, which was accepted. The city of Lake Elsinore paid the balance of $17,500.

Specials in Evidence

$70,000 for Kenneth. Unstated but significant economic loss for the loss of the decedent's care for Kenneth's special needs.

Damages

$40,000 for burial expenses.

Injuries

The minor plaintiff sustained a displaced right femur fracture, non-displaced nasal fracture, fractured teeth and scalp laceration.

Result

Settlement of $1,017,500 ($1 million from R&R Trucking; $17,500 from city of Lake Elsinore)

Other Information

FILING DATE: April 12, 2006.