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
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.
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