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Personal Injury
Auto v. Pedestrian
Wrongful Death

Zoila D. Villamariona, Yasmara G. Garcia, Ivania C. Villamariona, Marcela Y. Villamarion v. CBS Corporation, et al.

Published: Oct. 18, 2014 | Result Date: Sep. 30, 2014 | Filing Date: Jan. 1, 1900 |

Case number: PC053402 Verdict –  $10,000,000

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Brian J. Panish
(Panish, Shea, Boyle & Ravipudi LLP)

David A. Rudorfer
(Panish, Shea & Boyle LLP)


Defendant

Dana A. Fox
(Lewis, Brisbois, Bisgaard & Smith LLP)


Facts

Zoila Villamariona, Yasmara Garcia, Ivania Villamariona, and Marcela Villamarion sued CBS Corporation and Ralph Blunt, in connection with the death of Julio Villamariona. Plaintiffs were the decedent's wife and their three adult daughters.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended the decedent Julio Villamariona was killed near the set of Defendant's TV show, "NCIS." Plaintiffs alleged that the decedent died after being struck by a 15-passenger van near the show's set. Plaintiffs alleged that the van's driver, Ralph Blunt, who was in the course and scope of his employment with CBS at the time of the incident, was not qualified to be driving as a commercial driver. Plaintiffs also alleged that CBS engaged in negligent hiring and retention practices in regard to hiring Ralph Blunt as well as the daily use of thousands of other commercial drivers for CBS TV shows.

Plaintiffs presented evidence showing that Blunt had a long history of medical problems, including losing consciousness while driving a commercial vehicle, and taking various medications, which he failed to disclose to the commercial driver fitness determination examiners. Plaintiffs claimed that if Blunt had disclosed the full nature of his medical conditions and medications he would have been disqualified from being a commercial driver long before this incident took place. Plaintiffs disputed CBS and Ralph Blunt's defense of a medical emergency on the grounds that defendants had reason to anticipate the onset of the alleged medical condition and that the incident occurred as a direct result of both defendants' negligent and reckless conduct.

DEFENDANTS' CONTENTIONS:
Defendants CBS and Ralph Blunt claimed the incident was a medical emergency relating to a sudden and unexpected loss of consciousness. Defendants also disputed the nature and extent of plaintiffs' non-economic damages.

Damages

Plaintiffs' claimed non-economic damages for loss of love, companionship, comfort, protection, assistance, affection, guidance and moral support.

Result

On the eve of trial, defendants admitted to liability and causation of Julio Villamariona's death. The parties also stipulated that plaintiffs' loss of economic support was $450,000. The only issue for the jury to decide was the plaintiffs' non-economic damages. The jury awarded plaintiffs $10,000,000 in total damages. The decedent's widow will receive $4 million while the decedents' three adult daughters will each receive $2 million.

Other Information

FILING DATE: July 24, 2012.


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