Facts

Terminal Avenue in Stanislaus County was a two-lane road without adjacent improvements, lights or fog lines identifying the edge of the roadway. It was painted with yellow skip-stripes identifying northbound and southbound lanes. Paul Perkins was driving his wife Rosemary Perkins, and friend, Maria Consuelo Rosas-Calderon. They were traveling southbound on Terminal Avenue when the left front of the vehicle was struck by the left front of a pickup truck operated by William Borgers who was driving northbound. Mr. Perkins died instantly while Ms. Perkins and Rosas-Calderon sustained injuries. Ms. Perkins and Rosas-Calderon brought an action against Borges and Borges' employer, Waterworks Industries, the owner of Borges' pickup truck, alleging Borges was negligent in the operation of his vehicle and that Waterworks Industries was vicariously liable for Borges' actions while within the scope of his employment.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendant Borges caused the accident because he was speeding and crossed over the centerline into the southbound lane, where plaintiffs' vehicle was traveling. Plaintiff contended that defendant Borges was traveling, at the moment of impact, at the speed of 70mph, which meant that Borges' truck struck the plaintiffs' vehicle at an estimated closing speed of 125 miles per hour. Plaintiff contended that defendant Borges made no steering movements to avoid the impact nor there was any braking prior to impact. Plaintiffs contended that defendant Waterworks Industries is vicariously liable for defendant Borges' actions of causing the accident because defendant Borges was acting within the scope of his employment. Plaintiffs contended defendants caused the death of plaintiff Mr. Perkins and caused plaintiffs to suffer injuries.

DEFENDANTS' CONTENTIONS: Defendants denied all of the contentions. Defendants contended that the movements of Mr. Perkins were observed by an eye witness traveling directly behind him. In the moments before the collision, Mr. Perkins was observed traveling over the centerline and into oncoming traffic. Defendants contended that Mr. Borges observed what appeared to be a vehicle traveling into his lane of traffic, as if the vehicle was attempting to pass another vehicle in front of it. In response, he moved slightly to the right. Because of the extremely narrow road, his right wheels momentarily left the roadway surface. When attempting to regain his position in the road, Mr. Borges overcorrected slightly and his Ford F-350 pickup met the left front of Mr. Perkins Chevy Pickup right on the centerline.

Specials in Evidence

Plaintiff Ms. Perkins suffered $100,000 in past medical costs.

Damages

Ms. Perkins' damages: $400,000 in past pain suffering $1,500,000 in past loss of society companion $2,000,000 in future loss of society companion

Injuries

Plaintiff Mr. Perkins died at the scene. Plaintiff Ms. Perkins: sustained a fractured jaw and a facture of her lift tibia plateau. Her jaw remained wired shut for 60 days. Plaintiff Rosas-Calderon: suffered a fractured sternum.

Result

The jury found Borges was negligent and his negligence was substantial factor in causing the death of Mr. Perkins. Ms. Perkins was awarded $5,000,000. Plaintiff Rosas-Calderon and defendants settled for $75,000 prior to trial.

Poll

12-0

Length

2 hours 30 minutes