Facts

In February 2005, Homer Leong, 85, was walking on the eastern side of Oak Street in Oakland. He came up to the 5th Street intersection and waited for the pedestrian light at the crosswalk curb. Defendant Fuentes was driving an 18-wheel tractor-trailer for defendant Kudos. He stopped at the intersection at Oak Street and 5th Street.

When the pedestrian and traffic lights turned green, Leong moved into the crosswalk. Defendant Fuentes began turning right onto 5th Street. He hit and killed Leong.
Defendant Fuentes was arrested after leaving the scene. During his criminal trial, he pleaded no contest to misdemeanor manslaughter.

Leong's widow and children sued defendant Fuentes for negligent operation. They sued defendant Kudos for negligent hiring and negligent supervision.

Injuries

The accident resulted in Leong's instant death. The plaintiffs alleged loss of care, comfort and society. Although at the time of his death, Leong was no longer the family's financial provider, he was the patriarch and held the family together emotionally. Further, the plaintiffs claimed that in the Chinese culture, children are suppose to give back to their parents. Thus, because the plaintiffs could not give back to their father, they claimed that his death was a source of guilt and anguish.

Result

Following a one-day mediation conference, the parties settled. The settlement demand by the plaintiffs was $1.5 million; the settlement reached was $500,000 for all plaintiffs.