Facts

On April 20, 2004, decedent James Rollins, 72 years of age, was riding his bike west on Santiago Canyon Road in Orange. He was crushed to death by a truck driven by defendant Jose Najera for Professional Demo Inc. Najera was turning right into the Hanson recycling plant when Rollins was in the bike lane. Rollins got caught under the truck's rear right tire and was crushed.

Rollins' family sued Professional Demo Inc. and Najera alleging negligent operation of a motor vehicle.

PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed Najera violated California Vehicle Code Section 21717 requiring a vehicle to enter a bike lane instead of crossing through it before making a right turn. Plaintiffs claimed Najera failed to do so.

DEFENDANTS' CONTENTIONS:
Defendants denied liability and contended that state motor vehicle law required the driver to make a right hand turn as close as possible to the curb or edge of roadway, which Najera did. The defendants further contended that Rollins was killed due to his own excessive speed. They noted Rollins had over 200 feet to see the truck, brake and be able to come to a safe stop. Instead Rollins laid down 65 feet of tire skid marks.

Settlement Discussions

Plaintiffs demanded $3.2 million and defendants offered $300,000.

Damages

Rollins' family asked for $3.2 million in damages.

Result

Defense verdict. The jury found Najera to be negligent but that it was not a substantial factor in causing the accident.

Other Information

Insurer: Clarendon Insurance Company for Pro-Demo and Jose Najera.

Deliberation

1.5 days

Poll

9-3 (in favor of defense negligence); 1-11 (against negligence being a "substantial factor " in Rollins' death)

Length

six weeks