Martha Garcia v. Cleofas Rodriguez Larez
Published: Apr. 11, 2009 | Result Date: May 6, 2008 | Filing Date: Jan. 1, 1900 |Case number: 06CECG02335 Verdict – $2,274,140
Court
Fresno Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Robert W. Johnson CPA
(technical)
Jesse L. Wobrock Ph.D.
(technical)
Rick A. Sarkisian
(medical)
Defendant
Rajeev Kelkar Ph.D.
(technical)
Mark R. Newton
(technical)
George McLaughlin
(technical)
Facts
On March 13, 2006, at approximately 9:00 a.m., defendant Cleofas Rodriguez Larez drove his pickup truck northbound on Road 25 on his way to work at defendant High and Mighty Farms. Decedent Yesenia Garcia, age 24, drove her Toyota Celica northbound on Road 25 and was behind Larez. Defendant Jaime Velasquez drove southbound on Road 25 and was oncoming traffic as Larez made a left turn across the southbound lane. While the vehicle in front of Velasquez braked in time to avoid hitting Larez, Velasquez was unable to stop and collided head on with decedent.
Officer Jeremy Squires of the California Highway Patrol concluded that defendant Velasquez caused the collision when he attempted to pass the vehicle in front of him and lost control of his own vehicle after he saw Larez making the left turn. Velasquez was subsequently charged and convicted with vehicular manslaughter.
Plaintiff Martha Garcia, decedent's mother, sued Rodriguez Larez, Velasquez, High and Mighty Farms, and others under the theories of negligence and respondeat superior.
Damages
Plaintiff claimed $15,000 for funeral expenses; $6,000,000 for loss of consortium; $2,000,000 for future contributions; and $1,000,000 for value of personal service, advice, or training.
Injuries
Death; loss of consortium.
Result
The jury found in favor of plaintiff against defendant Velasquez for $2,274,139. The award consisted of $56,139 past economic damages; $648,000 future economic damages; $175,000 past non-economic damages; and $1,395,000 future non-economic damages. The jury found in favor of defendants Rodriquez and High and Mighty Farms.
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