Facts

On Oct. 31, 2012, at about 6:40 AM, in the dark, fog, and rain, defendant Victor Pamatz was driving defendant Ornelas Sanchez' Honda Accord, northbound on Silliman Road, in Soledad. Defendants began stopping on the train crossing, after failing to come to a complete stop at a stop sign, not noticing a sign that warned of train crossing. There were no lights or crossing arms. Suddenly, a Union Pacific Railroad train, traveling at 69 mph, struck the car, spinning it 180 degrees, pushing it off the tracks to collide with a pole. The driver had minor injuries. The passenger, Juan Chavez Jaramillo, who was wearing a shoulder harness but not a lap belt, was decapitated. The plaintiffs were the two minor children of the decedent.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that the vehicle driver was not attentive to the railroad crossing sign and grave danger presented. Plaintiffs contended that the railroad conductor should not have been proceeding at about the speed limit on that track, considering the poor visibility and weather conditions, in the dark, especially in an area where there had been other fatal train crashes. The collision occurred in a location where field workers and packing plant employees were anticipated to be coming to their workplace, and that there should have been a system of crossing arms, bells, and lights, considering the earlier fatal accidents at that location and at other nearby identical locations. Plaintiffs argued that OP Murphy should have taken reasonable steps to make that railroad crossing area safe from exactly this type of danger.

DEFENDANT'S CONTENTIONS: OP Murphy contended that it had no ownership or easement interest, so no obligation of control over the subject crossing intersection. Union Pacific Railroad contended that it had statutory protections, that it committed no illegal act, and that the fault rested with the vehicle driver.

Victor Pamatz contended that the warning sign was not apparent or obvious enough to put him on substantial notice of the danger, as he did not speak English and the accident happened during only the second time he had presented at that crossing, in that direction, in the dark and fog.

Damages

Funeral and burial expenses (paid by decedent's co-workers).

Result

The matter was settled for $190,000 before mediation, subject to a minor's compromise. Union Pacific Railroad contributed $140,000. OP Murphy contributed $25,000. Victor Pamatz and Ornelas Sanchez jointly contributed $25,000.