Andie Calderon, Ashley Calderon, Gissel Barraza, et al. v. Velocity Express Intermountain Inc., Velocity Express Leasing Intermountain Inc., et al.
Published: Feb. 3, 2004 | Result Date: Dec. 29, 2003 | Filing Date: Jan. 1, 1900 |Case number: 02CECG02924 Verdict – $14,300,000
Judge
Court
Fresno Superior
Attorneys
Plaintiff
Richard C. Watters
(Miles, Sears & Eanni)
Defendant
Stephen T. Knudsen
(Jacobson, Hansen & McQuillan)
Experts
Plaintiff
Debi Horanian
(technical)
Kimberly Steinhauer
(technical)
John Van Natta
(medical)
Ashley Alessini
(technical)
Lupe Parraz
(medical)
Susanne R. Hays
(medical)
Taryn Sweeney
(technical)
James Smurr
(medical)
Judy Leon
(medical)
Kevan Craig
(medical)
Joseph Gerardi
(medical)
Rick A. Sarkisian
(technical)
Randall C. Epperson Ph.D., ABPP
(medical)
Linda Grauman
(technical)
Gregory D. Stephens P.E.
(technical)
Brian Shaw
(medical)
Xavier Lara
(medical)
David R. Hodge
(medical)
Kari Aquino
(technical)
Lena Hansen
(technical)
H. Terry Hutchinson
(medical)
Dian E. Cox
(technical)
Raymond G. Schultz
(technical)
Defendant
Tina Gabby
(medical)
Andrew M. O'Brien
(technical)
Patrick Barnes
(technical)
Michael Chapman
(medical)
Linda D. Olzack R.N.
(medical)
Howard Gillis
(technical)
Alan Schonkoff
(medical)
Joseph T. Capell M.D.
(medical)
Bernard S. Rappaport
(medical)
Cynthia Towes
(technical)
Facts
On May 23, 2002, at 10 p.m., the defendant and its subsidiary corporations were delivering a part on behalf of Sun Micro Systems under an arrangement with USCO Distribution Services Inc. The Velocity driver was proceeding westbound on SR-180 and came across the center line and had a head-on impact while driving a 1996 Ford Ranger with the plaintiff's 1997 Ford pickup which was proceeding eastbound on SR-180. The closing speed of both vehicles added together was 115 mph and the Delta V on the plaintiff's motor vehicle was over 50 mph. The defendants admitted liability and causation and no comparative fault. The case first started on Nov. 24, 2003 and the court found that four agreements between Velocity and USCO and the parties' performance of the agreements led to his conclusion that a partnership/joint venture in fact existed between USCO and Velocity at the time of the accident. The case then went to trial on Dec. 1, 2003. The trial consisted of six damages cases. In the accident, Claudia Calderon, age 30, was the driver and to her right was her mother, Josefina Bayardo, age 51, and to her right was Claudia's brother, Rolando Perez, age 22. In the rear seat and behind the driver was Claudia's oldest daughter, Gissel Barraza, age 13, and in the enter was another daughter, Andie, age 5, and in the rear seat was another daughter, Ashley, age 9. Bayardo and Perez both died in the accident and the others received various degrees of personal injuries.
Settlement Discussions
Velocity had transitioned from their previous insurance coverages to the following coverages one month prior to the accident: The St. Paul Fire and Marine Insurance Company, $2 million; AIG, $3 million and Zurich, $10 million. Shortly before trial, it was agreed between the plaintiffs and the defendants that the $15 million would be paid once a judgment was entered in the trial and this is because USCO was an additional insured under these policies. USCO had $20 million of insurance through The Hartford. The Hartford would not participate in the mediation or mandatory settlement conference before trial. They did appear before trial for the second mandatory settlement conference and made no offer. The plaintiffs demanded an aggregate of $10 million additional from Hartford and Hartford consistently made no offer.
Injuries
Andie suffered a significant closed head injury with three different areas of brain bleeds. There was a dispute as to whether or not she could work in the future and whether or not she would require any type of attendant care. Ashley received a closed head injury with a basilar skull fracture and cerebral spinal fluid coming out of her nose, abdominal injuries, pancreatitis, open fractures to both femur with plates, fractured rib, parasthesia from knees to feet, clawed toes. There was a dispute as to whether or not Ashley would work in the future and she had a limitation to sedentary work. There was a dispute over the value of the life care plans. Gissel sustained avulsion fractures to her pelvis from which she recovered completely. She had emotional injuries for which she would not treat with a therapist. She was in denial. Claudia had a fracture to her right ankle from which she made a fairly complete recovery. There was a dispute as to the nature and the amount of psychotherapy she would need in the future. Josefina Bayardo, 51, and Rolando De Jesus Perez, this was a close family and Josefina Bayardo was the head of it. She lived in close proximity to Claudia and the other decedent Rolando also lived with Josefina. The other two adult siblings lived in Phoenix, Ariz. and they were Guillermo Montes and Diana Montes.
Result
At trial, the plaintiffs asked for $36 to $38 million. The defendant's counsel asked the jury to award $6 million. The total verdict was $14.3 million divided as follows: Andie Calderon, $3.5 million; Ashley Calderon, $7 million; Gisel Barraza, $500,000; Claudia Calderon, $1 million; wrongful death of Josefina Bayardo, $2 million; wrongful death of Rolando Perez, $300,000.
Deliberation
1.5 days
Length
19 days
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