Crisanta Martinez v. Jose Ortega and Coast Transportation Systems, Inc.
Published: Oct. 15, 1994 | Result Date: Sep. 30, 1994 | Filing Date: Jan. 1, 1900 |Case number: KC011563 – $2,200,000
Judge
Court
L.A. Superior Central West
Attorneys
Plaintiff
Bruce M. Brusavich
(Abir, Cohen, Treyzon & Salo LLP)
Defendant
Robert J. Rossi
(Homan & Stone)
Michael Lee Gilmore
(Michael Lee Gilmore Attorney at Law)
Experts
Plaintiff
William M. Otto
(technical)
Robert W. Johnson CPA
(technical)
Defendant
Harry J. Krueper Jr.
(technical)
Facts
On March 10, 1992, 12-year-old Daniel Martinez forgot to take his baseball shoes to school for baseball practice after school. He therefore took the 2:00 p.m. bus from school to home to get his baseball cleats. His mother was not home; so he took his friend's bicycle to go back to school for the 3:30 p.m. practice. At approximately 2:35 p.m., he was northbound on Puente Avenue near Nelson Avenue in the City of Industry. Puente Avenue is a busy main street with 2 lanes of traffic in each direction and left-turn lanes at the medians. Defendant Jose Ortega, an independent contractor, transporting on behalf of Defendant Coast Transportation Systems, Inc., was traveling southbound on Puente Avenue, preparing to make a left turn into an industrial complex. As the Puente Avenue northbound traffic stopped for a red light, a break was created to allow Defendant Ortega, who had his left turn signal on, to turn. In addition, another driver waived Defendant on, to complete the turn. As Ortega was completing his turn, Daniel Martinez was traveling northbound on Puente near the curb; he ran into the right front side of the tractor/trailer. The impact knocked Daniel from the bicycle; he was then crushed to death by the rear tires of the tractor. Decedent was the only son of 38-year-old Spanish speaking Plaintiff Crisanta Martinez and the sibling of two older sisters.
Settlement Discussions
Plaintiffs contend their pretrial demand was $750,000 reduced to $675,000 and Defendant's offers were $150,000 at the VSC increased to $350,000 at the MSC; then $500,000 on the first day of trial. Defendant contends that Plaintiff's pretrial demand was $1,200,000; $350,000 was recommended by the MSC judge; and $500,000 was recommended by the trial judge for settlement.
Specials in Evidence
$163,273 to $173,800
Damages
$163,273 to $173,800 estimated amount of support the decedent could have rendered to Plaintiff mother.
Injuries
Death of 12-year-old son.
Other Information
Eighteen months before trial, Plaintiff made a 998 demand of $250,000 from Defendant Coast Transportation Systems, Inc., and $750,000 (policy limits) from Defendant Ortega. Thereafter Ortega's off-shore unadmitted carrier went insolvent and his insurance defense counsel withdrew; Firemen's Fund assumed the defense for Coast only and did not assume representation of Ortega, claiming he was an independent contractor for which they were not liable. At the conclusion of evidence, the Court instructed the jury that Coast could not delegate responsibility to Ortega, making Coast Transportation liable for the entire verdict and judgment.
Deliberation
1.5 days
Poll
12-0 liability, 12-0 economic damages, 10-2 non-economic damages
Length
5.5 days
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