Facts

On Feb. 22, 2009, Mauro Garcia was involved in a single-vehicle accident while on Highway 280, and got out of his car. After doing so, a vehicle driven by Diana Yi hit Garcia or Garcia's car. Next, a vehicle operated by Robert Hennings hit Yi's vehicle, which had come to a stop. At that point, Garcia was lying on the number five lane of the highway, and a car driven by David Cano ran over him. Garcia died as a result. Humberto Avalos and Carmen Medina, Garcia's parents, filed an action against Yi, Cano, and Hennings for wrongful death. Later, Hennings was taken out of the suit.

PLAINTIFF'S CONTENTIONS:
Plaintiffs claimed that Defendants negligently operated their vehicles. They alleged that Yi was intoxicated, which caused the first impact and led to the events leading up to Garcia's demise. In addition, they argued that Cano was not paying attention to the road.

DEFENDANT'S CONTENTIONS:
Yi argued that there was insufficient evidence to determine whether she had hit Garcia, and that no one would be able to avoid the accident because rainy conditions caused Garcia's vehicle to not be clearly visible. Further, Yi argued that Garcia was intoxicated, and had brought about his own harm in that he was standing on the freeway at night. Cano argued that Garcia was hit between the front of Yi's car and the back end of Garcia's own vehicle, and that Cano could not be held negligent for the accident because of the poor driving conditions.

Settlement Discussions

Plaintiffs demanded $25,000 at policy limits and $250,000, Yi offered $25,000 and Cano offered $35,000.

Damages

Plaintiffs sought $35,000 for burial expenses.

Injuries

Garcia died due to blunt force trauma to the head.

Result

The jury found in favor of Defendants.