Facts

On July 28, 2006, decedent Felipe Sandoval was riding his bicycle in Pacoima when he collided with a City of Los Angeles garbage truck. Sandoval died as a result, survived by numerous children, his girlfriend, and his mother. Desiree DeLeon, daughter of Sandoval's girlfriend, was riding her bicycle behind Sandoval and witnessed the accident.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the truck driver was not paying attention, failed to stop at a stop sign, and while he was turning left, he hit Sandoval in a crosswalk.

DEFENDANT'S CONTENTIONS:
The city denied liability, stating that Sandoval was on drugs at the time of the accident, and was riding his bicycle on the wrong side of the street. The city further contended that Sandoval was on the sidewalk illegally, failed to stop for the stop sign, and ran into the side of the truck. The city argued that Sandoval's earnings were unclear, earning less than $10,000 per year with no tax returns. The defense also questioned Sandoval's ability to be the sole provider for his family and girlfriend.

Injuries

The plaintiffs claimed wrongful death as well as loss of guidance, support, love and affection. Desiree DeLeon also claimed emotional distress as a result of witnessing the incident.

Result

The parties reached a settlement after mediation with Russell Bostrum (Ret.) at Judicate West.