Facts

In the evening hours on Dec. 6, 2008, Alyssa Wiley, 16, was an invitee at defendant Troy S. Ford, D.V.M. Inc.'s (Ford DVM) premises in Clovis. The premises were leased to Ford DVM from the owner-lessors, the Troy and Margaret Ford Family Trust. Wiley was there with her friend, Alexandra Segura, 16, who also was an invitee and an agent of the veterinary clinic. Also present was Matthew Ford, 17, who worked at the veterinary clinic and was in the course and scope of his employment with the clinic that evening.

At approximately 10:40 p.m., the three of them were riding on a Suzuki Quad owned by the veterinary clinic. First driving was Matthew Ford and they were in the process of feeding the animals belonging to a client of the clinic.

Wiley was seated third on the ATV and there was a placard on the vehicle saying "no passengers." Matthew Ford was the first one to drive it and subsequently Segura drove it.

They were in the process of going back to another facility when Wiley fell from the Suzuki Quad and severely injured her head. Wiley became unconscious and died some hours later at Community Regional Medical Center. Segura was in the process of making a right hand turn when the accident happened.

The decedent was a straight "A" student at Clovis East High School and intended to be a veterinarian. She was also the starting soccer goalie and active in Future Farmers of America.

PLAINTIFF'S CONTENTIONS:
The plaintiffs, the decedent's parents who are divorced, contended that Matthew Ford and Segura were employees/agents of the veterinary clinic and that they negligently operated the quad; that no helmets were provided; and, they allowed three riders on the quad which was prohibited by a placard.

DEFENDANT'S CONTENTIONS:
The defense contended that this was simply an accident and that there was nothing negligent in the manner in which the quad was driven; that there were helmets although they were for horseback riding; and, that the decedent willfully participated and rode on the quad when she did not have to.

Specials in Evidence

$56,881

Damages

$12,576 (funeral)

Injuries

The final diagnosis of the decedent was closed head injury, anoxic brain injury, basilar/occipital skull fracture, respiratory failure and cardiac arrest.

Result

The case settled before Hon. Eugene Krum, retired ($2 million policy limits from Hartford Policy insuring Troy S. Ford, D.V.M. Inc. and Matthew Ford; $150,000 from State Farm Homeowners Policy insuring Troy Ford and Margaret Dee Holst-Ford, Co-Trustees, Troy and Margaret Ford Family Trust; $100,000 from State Farm Homeowners Policy insuring Matthew Ford; $100,000 from State Farm Homeowners Policy insuring Segura).