Facts

A Joe Avis Farms silage truck driven by an unqualified truck driver ran out of fuel on California SR-99 at night after ignoring multiple warning systems on the truck that informed the driver that the truck was running out of fuel. As the truck ran out of fuel, he was unable to pull the truck safely onto the shoulder and out of traffic and was partially blocking the right side of the northbound lane of SR-99 south of Arch Road. Pedro Avila, a 36-year-old commercial truck driver, a former Army combat veteran in the wars of Afghanistan, Iraq and Kuwait, struck the out-of-gas Joe Avis Farms silage truck blocking the freeway as he drove his truck northbound on SR-99. He sustained fatal injuries.

The driver and Joe Avis Farms attempted a cover up of their failure to set out roadway safety devices, as required by state law, to warn oncoming traffic of the stalled truck that was partially blocking the far-right lane of the freeway. The defendants also fabricated a safety report by backdating it in an attempt to prove that a crucial inspection had taken place 5 days prior to the accident.

The case was filed by the family of Army Veteran Pedro Avila against Joe Avis Farms, LLC and Johnny B. Groppetti.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that that the gross by Joe Avis Farms and Groppetti were the substantial factors that caused the collision and wrongful death of Pedro Avila.

Settlement Discussions

Confidential

Specials in Evidence

Loe: in excess of $1.9 million Future Loe: $2 million

Injuries

Plaintiffs suffered emotional distress

Result

Plaintiff's verdict for $5 million.

Deliberation

three days

Poll

12-0

Length

five weeks