Juan and Louise Valdez v. Tarmac California, Inc.
Published: Jul. 19, 1997 | Result Date: Jun. 1, 1997 | Filing Date: Jan. 1, 1900 |Case number: 74277 Verdict – $0
Judge
Court
Imperial Superior
Attorneys
Plaintiff
Lowell F. Sutherland
(Sutherland & Gerber)
Defendant
Experts
Plaintiff
Joseph Carey
(medical)
Harry J. Krueper Jr.
(technical)
Defendant
Robert W. Crommelin
(technical)
Carl Sheriff
(technical)
Facts
On June 1, 1991, at approximately 8 a.m., decedent Gabriel Valdez, a 17-year-old high school student, his brother, Juan Valdez, and a friend, Manuel Bustamonte, were driving on westbound Interstate 8 from Yuma, Ariz. to San Diego, Calif. to celebrate their graduation. Juan Valdez had just graduated from college and the decedent had just graduated from high school. Near Dunway Road in El Centro, the mini pick-up truck driven by Juan Valdez left the roadway onto the left dirt shoulder in an area that was being repaved by defendant Tarmac California through a contract with Cal Trans. The vehicle went off the left roadway into the median. The driver's-side tires entered the dirt shoulder and the passenger's side tires remained on the pavement. As the driver over-corrected, the vehicle re-entered the roadway, skidding across the westbound lanes and exiting on the right shoulder. The vehicle was thrown 40 feet in the air, then landed and flipped over several times. The driver, Juan Valdez, and the middle-seated passenger, Manuel Bustamonte, escaped with minimal injuries. Gabriel Valdez suffered a broken neck and was rendered a quadriplegic. Gabriel Valdez was transported to the El Centro Regional Medical Center, where emergency surgery was performed. As a result of the sugery, Gabriel Valdez was rendered comatose. He remained in the coma for approximately two years until his death in May 1993. The plaintiffs, the decedent's mother and father, brought this action against Tarmac California Inc. based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $2 million. The defendant made no settlement offers.
Specials in Evidence
$700,000 $_________
Injuries
Death of a 19-year-old son, after two years in a coma.
Other Information
The verdict was reached approximately five years and nine days after the case was filed. On May 7, 1997, the plaintiffs' California counsel brought a motion for preferential trial setting, which was granted. The motion provided only 13 days notice for the commencement of trial, in violation of California C.C.P. º594, which mandates at least 15 days notice. The matter had not previously been set for trial, nor had the plaintiffs filed an at-issue memorandum. The defendants filed a writ requesting a stay and reversal off the order granting the trial setting. The writ was denied within 24 hours. A petition was submitted to the Supreme Court for review. Trial commenced as scheduled. During the trial, the Supreme Court denied the defendant's petition for review.
Deliberation
3¼ hours
Poll
11-1
Length
10 days
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