This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Auto v. Auto
Wrongful Death

Mark McGowan, individually and as successor-in-interest to Nancy Joyce Garrett, deceased; and Deborah Blanco, individually and as successor-in-interest to Nancy Joyce Garrett, deceased v. County of Kern, a municipality; Nicholas John Clerico, an individual; and Does 1-100

Published: Sep. 18, 2020 | Result Date: Mar. 3, 2020 |

Case number: 1:15-cv-01365-DAD-SKO Settlement –  $2,500,000

Judge

Dale A. Drozd

Court

USDC Eastern District of California


Attorneys

Plaintiff

Thomas C. Seabaugh
(The Law Office of Thomas C. Seabaugh)

Matthew C. Clark
(Chain Cohn Stiles)


Defendant

Leslie M. Dillahunty
(Weakley & Arendt APC)

James D. Weakley
(Weakley & Arendt APC)


Facts

Nancy Garrett entered an intersection on North Chester Avenue in Oildale when coming off the West China Grade Loop. As Garrett entered, a patrol vehicle operated by Sheriff's Deputy Nicholas Clerico broadsided Garrett's vehicle. Garrett died at the scene and her adult children sued the Sheriff as well as Kern County for Garrett's death.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that Garrett had the right of way at the intersection and did not have enough time to react to Clerico as he sped towards her in his vehicle. The California Highway Patrol noted that Clerico traveling over 85 mph minimized the effectiveness of his sirens and lights. Clerico was found to be at fault after it was discovered that he entered the intersection at a red light.

DEFENDANTS' CONTENTIONS: Defendant did not contest the misdemeanor vehicular manslaughter allegation and Clerico completed 240 hours of community service.

Injuries

Nancy Garret suffered blunt force trauma to her body that eventually led to her death at the scene of the collision.

Result

The county paid $2.5 million on behalf of defendants to settle plaintiffs' claims.


#135521

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390