Facts

The decedent, Michael Patrick Nosco, 37, employed by Amgen, was a Naval Reservist assigned to NHCS 5 who had recently completed his second tour of duty in Iraq. NHCS 5 is a search and rescue squadron.

On Nov. 3, 2004, at approximately 5:41 p.m., Michael Nosco, was driving
his 1995 Toyota Tacoma pickup truck at approximately the posted speed of 55 miles per hour northbound on Las Posas Road in an unincorporated portion of Ventura County between Laguna and Cawelti Roads. Laguna Road and Cawelti Road cross Las Posas Road in an agricultural portion of Ventura County between Pt. Mugu and Camarillo. The stretch of Las Posas Road between Laguna Road and Cawelti Road has a single lane in each direction, which essentially goes north and south, with two dirt access roads that service agriculture fields on the west side of Las Posas. It was dark and there was no artificial lighting between Laguna Road and Cawelti Road along Las Posas. The southern most dirt access road is located at the north edge of a curve on Las Posas Road. The curve turns to the left for northbound traffic as it approaches the dirt road.

At approximately 5:41, Nosco was approaching the above curve on Las Posas as the defendant, Jose Juarez, was pulling his truck and trailer onto Las Posas Road, directly into the path of Nosco's vehicle, from the southern most dirt access road. It was Juarez' intent to travel northbound on Las Posas Road.

By the time that Nosco was within 300 feet of the dirt road the defendant's vehicle was completely blocking both lanes of the roadway. At approximately 280 feet from the dirt road Nosco began to perceive and then react to the hazard but was unable to stop in time. Nosco died at the scene of the collision.

Juarez admitted to two California Highway Patrol officers that before he pulled his truck and trailer onto Las Posas he looked to the south and initially observed Nosco's vehicle at the intersection of Laguna Road and Las Posas Road which was approximately 2000 feet south of Juarez' location. Juarez further admitted that after initially observing the decedent at the Laguna Road location he looked to his left and observed two vehicles approaching his location from the north. Juarez informed the officers that he waited for the above two vehicles to pass him and once again looked to his right and observed the decedent's vehicle continuing to approach his location at a distance of "more than 500 feet." Notwithstanding the fact that the decedent was too close for Juarez to pull onto the roadway with his truck and trailer, and that the decedent might have difficulty seeing him do so because the decedent was still approaching the curve at that time, Juarez pulled out onto the roadway and directly into the decedent’s travel lane.

Juarez's truck and trailer had a minimum number of marker lights on it and the photos taken by the CHP investigators at the scene established that many lights on the right side (facing Nosco) of the truck and trailer were not working making the vehicle very difficult to see for northbound traffic traveling on Las Posas Road. The defendants' vehicle also had multiple other defects including a flat tire.

Juarez was charged and tried for misdemeanor vehicular homicide but was not found to be guilty beyond a reasonable doubt of committing that crime.

The plaintiffs are Michael Nosco's father and his niece and nephew, who he was helping to raise at the time of his death.

Result

Settlement, $1,025,000.