Candida Quintanilla, et al. v. Commercial Contractors, et al.
Published: May 17, 2001 | Result Date: Mar. 23, 2001 | Filing Date: Jan. 1, 1900 |Case number: NC019777A Verdict – $1,978,140
Judge
Court
L.A. Superior Long Beach
Attorneys
Experts
Plaintiff
James Marsten
(technical)
Jon B. McDowell
(technical)
Defendant
V. Paul Herbert C.P.S.A.
(technical)
Facts
On Aug. 5, 1996, decedent Rene Quintanilla was unable to open the bottom belly dump gates of the first trailer
from his tractor. He stopped in a sliver fill dump zone to connect the severed, stripped and disconnected wires
behind the tractor while standing on the ground between the diesel tank and tractor drive wheels. The bulldozer
pushed the tractor-trailer from behind, causing the tractor drive wheels to roll over the decedent.
Defendant and cross-complainant Commercial Contractors, Inc. had hired cross-defendants Dispatch Trucking,
Inc. and Windrow Earth Transport, Inc. to supply and deliver the dirt to the project under a Supplier
Agreement. Dispatch/Windrow brokered work to the decedent and his truck and others to deliver the dirt to the
project. CCI assumed the defense and indemnity of the project owner, the City of Long Beach.
On April 28, 1998, CCI agreed to pay the decedentÆs heirs $1 million on behalf of the City of Long Beach, CCI
and CCIÆs president in a global settlement. Dispatch/Windrow also agreed to pay the decedentÆs heirs for $1
million. CCI demanded defense and indemnity from Dispatch/Windrow in October 1996. CCI sought the
express indemnity from Dispatch/Window based on the CCI agreement. CCI sought recovery of all of its
attorneysÆ fees and costs. CCI also sought interest on the principal sum it paid to the decedentÆs heirs and
attorneys fees and costs from the date the settlement was paid.
Settlement Discussions
There were four mediations where CCI demanded total indemnity for payment to the decedentÆs heirs, attorneysÆ fees and costs of CCIÆs and City of Long BeachÆs defense, as well as interest. Dispatch/Windrow made no offers. At the mandatory settlement conference on Jan. 14, 2000, CCI made the same demands as in mediation and Dispatch/ Windrow made no offers.
Result
On March 23, 2001, Dispatch/Windrow were found 15 percent negligent in causing the death of Rene Quintanilla at the Port of Long Beach project on Aug. 5, 1996. Cross-complainant CCI and its subcontractors were found not solely negligent. CCI was awarded $1,978,142 against Dispatch/Windrow under express indemnity provisions of the supplier agreement for defense and indemnity, including attorneysÆ fees and costs. This consisted of $1,000,000 paid to the decedentÆs heirs, $290,135 in interest on that principal sum from April 28, 1998 and $688,007 in attorneysÆ fees and costs.
Other Information
CCIÆs expert, V. Paul Herbert of Western Motor Safety Institute, testified that the decedentÆs truck wires to the trailer were severed, stripped and disconnected, and that they were poorly maintained. Herbert testified that Dispatch/Windrow failed to inspect the decedentÆs truck and to require repairs before allowing it to enter the project despite agreeing to provide equipment in good working order. Dispatch/WindrowÆs expert, James T. Marston of Transportation Management Systems, testified that Dispatch/Windrow had no duty to inspect tractor trailers that it hired to deliver dirt under the supplier agreement. Additionally, Jon B. McDowell of Roel Construction Co. testified that CCI, as the general contractor, was solely responsible for safety on the project.
Deliberation
three days
Poll
9-3 (on negligence issue)
Length
14 days
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