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Personal Injury
Motorcycle v. Van
Wrongful Death

Carlos Alamillo, Corina Cedillos, Jesse Cedillos, Sergio Cedillos v. Santiago Garcia Duarte, City of Oxnard

Published: May 3, 2005 | Result Date: Feb. 18, 2005 | Filing Date: Jan. 1, 1900 |

Case number: CIV199433 Verdict –  $0

Judge

Charles R. McGrath

Court

Ventura Superior


Attorneys

Plaintiff

Richard R. Bredlau

Richard L. Alloy


Defendant

Guy W. Murray

Bruce Alan Finck


Experts

Plaintiff

Harry J. Krueper Jr.
(technical)

Cheryll A. Smith
(medical)

Defendant

William Cotton
(technical)

Joseph Genovese
(technical)

Harry Hurt
(technical)

Facts

On Oct. 22, 1999, Jesse Cedillos, a 26-year-old assistant manager at Vegetable Grower Supply, was riding a motorcycle with Carlos Alamillo, a 23-year-old co-worker, sitting behind him. The pair were headed southbound on Rose Avenue in Oxnard. Santiago Duarte, who was heading northbound, stopped as he approached an intersection. He attempted to make a left at the intersection, but did not notice Cedillos' motorcycle approaching. The motorcycle collided into the side of Duarte's van, killing Cedillos and injuring Alamillo. Cedillos' widow, Corina, along with his two young sons, sued Duarte for negligence. They also sued the city of Oxnard for dangerous condition. Alamillo sued Duarte and the city as well. He settled the claim against Duarte for policy limits.

Specials in Evidence

Alamillo claimed $600,000-$700,000.

Damages

Plaintiff Alamillo claimed $600,000-$700,000 for medical expenses, past and future lost wages and non-economic damages. Cedillos' family sought more than $1 million for loss of future income and loss of companionship.

Injuries

Cedillos died at the scene of the accident. Plaintiff Alamillo sustained a fractured left arm and a closed-head injury. He further claimed he suffered a brain injury that made him unemployable.

Result

Defense

Deliberation

3.5 hours

Poll

11-1 (City of Oxnard), 9-3 (Duarte)

Length

15 days


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