Facts

Plaintiff Lani Guilmette sued the City of Los Angeles and Ramon Nevarez, in connection with the allegedly wrongful death of her husband Thomas Guilmette, 59, from a motorcycle accident.

Plaintiffs included decedent's minor son. Nevarez filed a counter-claim against the city alleging equitable indemnity.

PLAINTIFFS' CONTENTIONS:
The decedent allegedly died in a dangerous "T" intersection in San Pedro. The city allegedly knew of the dangerous condition of the subject road and had planned to fix it, but never did. The decedent, who was a rocket scientist, was riding his motorcycle along the road when out came Nevarez who had creeped out from behind the stop sign in an attempt to make a left. The decedent attempted to stop, but could not and, as a result, his motorcycle hit Nevarez's SUV. The decedent died from his injuries. His survivors, plaintiffs, then sued defendants for wrongful death. Plaintiffs alleged that the intersection was dangerous because of the lack of traffic controls, absence of markings, and others.

DEFENDANTS' CONTENTIONS:
The city claimed it was immune from liability. In any event, the city denied that the subject intersection was dangerous. Further, the city blamed the decedent for the accident, claiming it was caused by the decedent's violation of the Vehicle Code. The city also disputed co-defendant Nevarez's cross-complaint, contending it was untenable.

Nevarez denied any negligence or that he was a cause of the accident.

Result

The jury rendered a $22.4 verdict in favor of Guilmette's survivors and against the city only, finding that it was 95 percent liable for the collision. Nevarez was found to be negligent free.

Other Information

FILING DATE: Sept. 30, 2013.