Facts

This wrongful death case was brought by the surviving adult children of Martin Nelis, a 54-year-old male who was bicycling when he was struck and killed by a construction vehicle pulling a trailer which had left a jobsite. The accident occurred on Aug. 2, 2018. As the truck and trailer combination passed the cyclist, it struck plaintiff and ran over him, causing his death. The truck driver did not stop at the scene, claiming he did not know he hit anyone. A video from a homeowner captured the seconds leading up to the incident.

In addition to suing the truck driver and his broker for negligently driving and not allowing enough room to pass the cyclist, plaintiff sued the project's owner/developer, project manager, and general contractor, alleging those defendants did not follow the conditions of the building permit for the jobsite where the truck driver had just left.

Nelis' three adult children enjoyed a particularly close and loving relationship with him.

Insurer

Progressive/Wilshire/Hallmark

Damages

noneconomic only

Result

$6,750,00 partial settlement for non-economic damages.

Other Information

Plaintiffs sought noneconomic damages only. The truck driver and his broker as well as a subcontractor settled with plaintiffs for $6.75 million in March 2021; the case against the owner/developer/general contractor defendants has been set for trial since March 2021 in Alameda County but continues to be postponed due to courtroom unavailability. Those remaining defendants unsuccessfully brought a motion for summary judgment and dispute that the condition was violated or applied and further argue the truck driver was responsible for Nelis' death.