This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Premises Liability
Wrongful Death

Rodney Hayes v. Teichert Aggregates

Published: Nov. 28, 1998 | Result Date: Oct. 23, 1998 | Filing Date: Jan. 1, 1900 |

Case number: CV002119 –  $0

Judge

Sandra B. Smith

Court

San Joaquin Superior


Attorneys

Plaintiff

Kenneth N. Meleyco
(Law Offices of Kenneth N. Meleyco)


Defendant

Stephen A. Mason


Experts

Plaintiff

John L. Bobis
(technical)

Facts

This lawsuit arises out of an accident which occurred on Nov. 22, 1995, at approximately 10:10 a.m., on a private haul road at the Teichert Asphalt Plant in Tracy. At that time, decedent Rodney Hayes, a 30-year-old truck driver who had picked up a load of asphalt at the Teichert plant, had parked his truck on the private road. While outside his truck, he was run over and instantly killed by a truck driven by Howard Reeves who had also picked up a load of asphalt at the Teichert plant. The decedent was survived by his two children, ages 8 and 4. The plaintiffs brought this action against the defendant based on a negligence theory of recovery.

Settlement Discussions

The plaintiffs made a settlement demand of $1 million. The defendant made no offer.

Damages

The plaintiffs' decedent was employed as a truck driver earning $15 per hour, 40 hours per week, with anticipation that his employment would continue indefinitely in the future. The plaintiffs testified to an economic loss of the plaintiffs of approximately $514,000. In addition to economic damages, plaintiffs requested that the jury award non economic damages in the amount of $3 million.

Injuries

Death of the plaintiffs' father.

Other Information

The verdict was reached approximately two years after the case was filed.

Deliberation

one hour and 20 minutes

Poll

11-1

Length

nine days


#89759

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390