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Personal Injury
Motorcycle v. Truck
Wrongful Death

Jeanine King, Christian Tyler King, a minor, by and through his Guardian ad Litem, Jeanine King, and Austin Michael King, a minor, by and through his Guardian ad Litem, Jeanine King v. L.A.J. Trucking, Luis A. Jimenez, Arnold Beltran-Mijangos, Mike Campbell & Associates, MCA Logistics, Zachariah John King, Desiree Lynn King, and Does 1 through 70,

Published: Jul. 26, 2014 | Result Date: Apr. 22, 2014 | Filing Date: Jan. 1, 1900 |

Case number: INC1200105 Verdict –  $525,000

Court

Riverside Superior


Attorneys

Plaintiff

Stephen K. McElroy
(Carpenter, Zuckerman & Rowley LLP)

Lionel C. Sapetto

C. Michael Alder
(AlderLaw PC)


Defendant

William S. Kronenberg
(Kronenberg Law PC)


Experts

Plaintiff

Hyman Gross M.D.
(medical)

James V. Ouellet
(technical)

Carley C. Ward
(technical)

Defendant

Christine Raasch
(technical)

Thomas A. Gennarelli
(medical)

Michael Pino
(technical)

Facts

On Oct. 26, 2011, John Michael King, 43, crashed his 2000 Harley Davidson motorcycle on Highway 111 in Cathedral City. King had swerved to avoid a big rig driven by Arnoldo Beltran-Mijangos, 52, who had made a U-turn after delivering a load of cargo.

King died after being ejected from his motorcycle and striking a palm tree headfirst.

Plaintiffs were King's wife Jeanine, his son Christian Tyler and stepson Austin Michael Spencer, and all resided within King's household on the date of the accident. Nominal plaintiffs were King's adult children Zachariah John and Desiree Lynn.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed that the driver of the big rig made an illegal U-turn in front of the oncoming motorcycle.

DEFENDANTS' CONTENTIONS:
Defendants claimed that the decedent was speeding and was wearing a non Department of Transportation-approved "novelty" helmet. Defendant argued that had King worn an approved helmet he would have survived.

Settlement Discussions

Plaintiffs demanded $5 million during trial.

Damages

Plaintiffs asked the jury for an award of $ 28.6 million.

Result

The jury awarded the five plaintiffs a total award of $750,000 in the wrongful death action. The jury found the decedent was 30 percent at fault and reduced the award to $525,000.

Other Information

FILING DATE: Jan. 9, 2012.

Deliberation

one day

Length

13 days


#94495

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