Facts

On March 4, 2007, at approximately 1 a.m., Ruben Escamilla, 40, was driving northbound on Cedar Avenue in Fresno when his vehicle rolled. The vehicle came to a rest on its roof, and blocked the southbound lane.

Escamilla was found to have a .17 blood alcohol level. He got out of his car and was standing on the side of the road when a truck driven by Cox Petroleum Transport employee Charles Hillikes crashed into him, killing Escamilla. Escamilla's wife and children sued Cox Petroleum and Hillikes for motor vehicle negligence and wrongful death.

PLAINTIFF'S CONTENTIONS:
The plaintiffs alleged that Hillikes was driving the truck in excess of the speed limit, too fast for conditions, and otherwise out-driving his low beam lights such that he was unable to stop prior to colliding with the overturned vehicle in the roadway. This is why Hillikes drove off the road, killing Mr. Escamilla.

DEFENDANT'S CONTENTIONS:
The defense asserted that the employee's conduct before the accident was proper. When the employee saw decedent's overturned vehicle, he applied the brakes but was forced to drive off the side of the road because there were cars in the oncoming lane.

Damages

Plaintiff's counsel conceded decedent's comparative negligence, and asked the jury for a gross verdict of $3.4 million.

Injuries

The plaintiffs claimed injuries included death and loss of society.

Result

The jury found in favor of the defense.

Other Information

AIG insured Cox Petroleum.

Poll

9-3 (rejecting negligence)