Facts

This matter concerns a collision that occurred on June 18, 2007, at around 1:15 a.m., on northbound SR 99 near Wasco in Kern County. The collision occurred between a 2008 Peterbilt tractor trailer, owned by H&H Express Trucking and driven by John Gibson, co-driver Tommy Cooper; and a Honda CRX, driven by Adan Canela with his brother Julio Canela as a passenger.

Gibson rounded a long left-hand curve on SR 99 northbound in number 3 lane and came upon the Honda stationary in the road without lights (apparently having already crashed), and blocking/straddling in number 3 lane. His truck collided with the driver's side of the car, driving it forward and across to the other side of the highway, at which point the truck left the highway and crashed through the guard rail into a field.

Following this collision, Adan Canela was found dead inside the crushed Honda in the passenger seat, while Julio Canela was found on the road around 100 feet north of the initial collision. Julio Canela survived initially but died 36 days later of multiple blunt force traumatic injuries.

The toxicology report for the coroner found that Adan Canela was driving under the influence with a BAC of 0.18 percent, more than twice the legal limit. His passenger Julio Canela had BAC of 0.24 percent. Gibson was also tested and was drug/alcohol free, and had not exceeded his driver's hours.

CHP investigated the accident and found there to have been two separate accidents. In the first (the Honda alone), the Honda lost control on the left hand corner and spun out, striking the guard rail, coming to a halt disabled across the number 3 lane. In the second accident (truck v. Honda) the H & H truck came around the bend at around 55 mph, and the driver saw the disabled car too late to be able to stop in time, driving into it. CHP found that the defendant was the cause of the accident on the grounds of inattentiveness in not avoiding the accident and recommended prosecution to the district attorney for misdemeanor manslaughter.

The plaintiffs, the decedents' parents, brought a wrongful death action against the defendants.

PLAINTIFF'S CONTENTIONS:
The plaintiffs alleged that Gibson had been negligent in driving unsafely, and that he should have seen the stranded Honda CRX in time to stop safely or veer to another lane.

A dispute also existed as to whether there were or were not two separate accidents.

The plaintiffs contended that there was no evidence supporting a reconstruction that had the Honda involved in a solo crash prior to the collision with the H & H truck, and that how the Honda came to rest astride the number 3 lane remained a mystery.

DEFENDANT'S CONTENTIONS:
According to John Gibson, from the time he saw the Honda to the time he hit it, he had no time to even brake. Gibson testified at deposition that he was only "10 feet" from the Honda when he saw it. Defendants' expert Dr. Thomas Ayres performed a night time simulation visibility study attempting to recreate the conditions on the night in question, with an exemplar Honda and the actual Peterbuilt involved in the accident. The study showed that the defendant driver only had about 1.5 seconds of visibility of the Honda before impact.

Settlement Discussions

The plaintiffs demanded $2 million. Without conceding liability, on Jan. 13, 2009, the defendants made a C.C.P. Section 998 offer of $50,001. The plaintiffs rejected the defendants' offer, and informally indicated that as much as $150,000 was available to settle the case.

Damages

The plaintiffs claimed non-economic damages for loss of a loving relationship. At no time during the course of discovery did plaintiffs change their position that this case was valued at $2 million.

Result

The jury verdict rendered a defense verdict as to all of plaintiffs' claims.

Other Information

At trial, the defendants brought multiple motions in limine to attempt to limit the testimony of Dr. Kenneth Solomon, including a motion in limine to prevent Dr. Solomon from giving any expert opinion on visibility. The court granted that motion. Various other pre-trial and trial motions were brought, including motion for mistrial by plaintiffs (denied) and motions regarding jury instructions. EXPERT TESTIMONY: Plaintiff's expert Kenneth Solomon, Ph.D., P.E., testified that Gibson was driving negligently at time of collision in that by the time he saw the Honda he had no time to even brake. Gibson's headlamps would have and should have illuminated the Honda far enough out to allow him time to brake safely or avoid the collision by changing lane. At the time of accident, Gibson was driving on regular beams. Dr. Solomon opined that Gibson should have been driving on high beams for safety and that if he had had his high beams on he would have avoided the accident.

Poll

12-0

Length

16 days