Facts

Plaintiffs Juan and Christine Rodriguez sued for the wrongful death of their daughter, Seriena, and plaintiffs Juan and Moriah Rodriguez, a minor, sued on Dillon v. Legg theories as they were present when Seriena was killed. The causes of action were for negligence, negligent hiring, retention and supervision, dangerous condition of public property and negligent infliction of emotional distress.

On Sept. 20, 2005, a trash truck was being operated on westbound Firestone Boulevard preparing to turn right onto northbound Lakewood Boulevard in Downey, by Cal Met Services Inc. (Cal Met) employee Elias Deanda (Deanda). Decedent Seriena Rodriguez (Seriena) was standing on the northeast corner of the intersection of Lakewood Boulevard and Firestone Boulevard (the intersection) preparing to walk westbound on Firestone Boulevard in the north crosswalk. After the light turned green for westbound vehicular and pedestrian traffic, Deanda noticed pedestrians walking towards him, in an eastbound direction on Firestone Boulevard in the north crosswalk.

As Deanda admitted being in a "rush" due to unfinished trash pick-ups from his shift the previous day, September 19, and his concern for discipline from Cal Met if he did not finish his route, he improperly turned right onto north-bound Lakewood Boulevard, while pedestrians were already in the north crosswalk, and ran over and killed Seriena while she was inside the north crosswalk. Deanda, who claimed he thought his axle broke or hit a pothole, kept on driving northbound on Lakewood Boulevard before he pulled over into the Stonewood Mall.

Seriena's father, Juan, and eight-year-old sister, Moriah, were present at the scene of the accident, and contemporaneously observed the incident. They were in the left-turn pocket, waiting for a green arrow on northbound Lakewood Boulevard intending on turning left to westbound Firestone Boulevard to pick up Seriena, at a pre-arranged location after she crossed the street. Seconds earlier, Juan had honked his horn as Seriena waited on the corner with her friends and Seriena had smiled and waived back to Juan and Moriah. This was Seriena's first week of high school.

At the precise moment of the accident, Moriah had a bloody nose and Juan turned to his right to help her. As he was tending to her bloody nose, Juan and Moriah heard a "loud thump" and then saw Seriena lying prone on the pavement. Juan immediately left his truck in the left turn pocket and sprinted across the intersection, felt only two heartbeats from Seriena and then nothing. Juan then drove his truck over to the corner. He and Moriah saw Seriena's internal tissue on the street. Juan then called his wife, Christine, and then 9-1-1.

Christine Rodriguez was a mother of three daughters and was six months pregnant with her fourth when she received Juan's desperate screams on the phone in their apartment. Christine, only knowing that Seriena had been hit by a truck, grabbed two-year-old Gianna and ran to her car. She drove to the scene, but got caught up in traffic. Coincidentally, her cousin was in the next lane to her so she gave Gianna to her cousin and ran the last two blocks. What she encountered was confusion, construction work, many, many people and, finally, her daughter, Seriena, covered under a yellow tarp and crushed by the trash truck. Christine, almost immediately, had an onset of high blood pressure and hypertension and was rushed away, first to the police station and then to the hospital.

Deanda testified that his employer sometimes worked him 12 to 13 hours a day, that his work made him feel rushed and that he was in a hurry on Sept. 20, 2005 due to the previous loads that he did not pick up from his shift on September 19.

For sometime prior to September 2005, defendant City of Downey (the City) had engaged in an aggressive improvement project to beautify the City, widen its streets, install new lighting, flowers, landscaping, etc. (the Project). The City had contracted with Sialic and D.M.R. to perform the work on the project.

Several months after Lakewood Boulevard had been widened by Sialic, D.M.R. and the City of Downey, and the curbs brought back about four feet all around the Intersection, the final crosswalk still had not been completed. The temporary crosswalks were left in a dangerous condition for several months. The City desired to have stamped concrete sidewalks.

The City, Sialic and D.M.R. let the project at the subject intersection sit for several months and the re-aligning of the temporary crosswalks with the new curbs constructed at the intersection was never done before the accident. As it turned out, just a few days after the accident, and after Seriena was killed, the City had Sialic re-stripe painted crosswalk lines in the position that they are today.

Neither the City, Sialic nor D.M.R. fulfilled its duty to warn the public of the ongoing unsafe and dangerous conditions that existed at the intersection.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that Seriena's death was caused by the negligent driving of Deanda, an employee of Cal Met; and the dangerous condition of public property created by the City, Sialic and D.M.R.

DEFENDANTS' CONTENTIONS:
The defendants contended that the intersection and crosswalks were not a dangerous condition and the decedent was comparatively negligent.

Settlement Discussions

Plaintiffs served a C.C.P. 998 offer for the collective $5 million policy limits of the Cal Met Services, Inc.'s policy.

Damages

Seriena Rodriguez was a special 14-year-old girl. She had aspirations of being an artist. Seriena loved to sing, draw, smile and be with her family and friends. She was always smiling. This was her first year in high school after graduating from middle school. Seriena aspired to be the first person in her family to go to college. The family was very close and has lost the special love and companionship which Seriena provided.

Result

The case settled on Jan. 12, 2007 after two sessions of a Mandatory Settlement Conference before the Honorable John A. Torribio, Judge in Dept. "G" (Norwalk) for $2.225 million. The two MSCs followed a November 2006 attempt at Mediation, before the Honorable Russell Bostrom, Judge Retired (Judicate West). The Minor's Compromise Petition was approved on March 14, 2007 by the Honorable John A. Torribio, Judge in Department "G" of the Norwalk Court. Trial had been set for Feb. 5, 2007.