Facts

on July 22, 2013 at 10:14 p.m., Alicia Vargas de Martinez and plaintiff Francisca Ramirez and Maria Barcenas, were on their way home from work in a southbound direction when a collision occurred with defendant Larry Duane Green, the owner of Yosemite Linen Supply Inc. Defendant was traveling on State Route 41 in a northbound direction and behind him was an ambulance that was proceeding without a patient. The accident occurred on State Route 41 northbound of Yosemite Springs Parkway in Madera. Alicia Vargas de Martinez sustained fatal injuries.

Plaintiffs Omar G. Martinez Vargas, Ricardo Martinez Vargas, and Norma Angelica Martinez Vargas are decedent's adult children.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendant was driving a company vehicle, although he was not in the course and scope of his employment. Plaintiffs contended defendant went across the center lines and had a head-on impact with plaintiffs' vehicle, which was being driven by decedent, and then caused a third vehicle to go off the road over an embankment and that was being driven by Reo Saldivar.

Damages

For Alicia Vargas de Martinez: $54,125 total medical specials, $1,201 lien, and $6,574 funeral expenses. The three adult children claimed no future economic losses.

Injuries

Alicia Vargas de Martinez, 55, died several hours after the crash. Her life expectancy was 25.8 additional years. The decedent lived with her son, Omar, and they were splitting all expenses including the house payment. Francisca Ramirez claimed she suffered a comminuted calcaneal and ankle fracture for which she had open reduction and internal fixation. Future surgery may consist of having the hardware removed. At mediation, attorneys for the Martinez Vargas family stipulated that there would be post-traumatic stress disorder in the event Francisca saw a neuropsychologist. Her husband, Fulgencio Ramirez, had a loss of consortium claim. Maria Barcenas was taken by ambulance to the hospital and suffered soft tissue injuries. Reo Saldivar did not go the hospital and began treating with his family practitioner at a later date. He had soft tissue injuries.

Result

The case settled for $2,950,000 as follows: $1 million for Omar G. Martinez Vargas, $600,000 for Norma Angelica Martinez Vargas, $600,000 for Ricardo Martinez Vargas, $525,000 for Francisca Ramirez, $50,000 for Fulgencio Ramirez, $110,000 Maria Barcenas, and $65,000 for Reo Saldivar. The parties elected to globally settle the personal injury and wrongful death claims for $2,950,000 while allowing $20,000 for payment of three subrogation claims for property damage and forgiving $30,000 of the insurance coverages.

Other Information

Defendant driver was arrested and charged with vehicular manslaughter while intoxicated, driving under the influence causing death, and under the influence of a controlled substance. INSURER: Automobile liability coverage through Nationwide Insurance Company in the amount of $1 million. Commercial umbrella liability through AMCO Insurance Company in the amount of $2 million. MEDIATOR: Hon. Howard Broadman, ret., and Hon. Patrick O'Hara, ret. FILING DATE: Sept. 9, 2013.