Facts

Jessica Holmes and her fiance, Anthony Berdinski, were traveling in a recreational vehicle along Interstate 40 when their RV was rear-ended by a tractor-trailer operated by Miguel Reyes. Berdinski got out of the RV to pursue Reyes on foot. During that time, Holmes and her dog exited the RV. Because they were on a crest, they could not tell that another tractor-trailer was approaching from the opposite end of the highway. Berdinski heard Holmes call out her dog, and saw Holmes a split-second before she was struck by the second tractor-trailer. Homes and the dog were instantly killed.

Berdinski sued Reyes, and the owner of the truck, Osterkamp Trucking Inc. for negligence and vicarious liability. Holmes' parents also sued Reyes and Osterkamp, as well as Stanley Schaffer, driver of the second truck, and the truck's owner, Alliance Healthcare Services Inc. for negligence and vicarious liability. The lawsuits were subsequently joined.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that co-plaintiff caused the decedent's dog to jump out of the vehicle when he pursued the defendant on foot following the accident, thereby causing the decedent to run after the dog and become struck by the oncoming truck.

Plaintiffs contended that defendant Reyes still had not applied his brakes one second prior to the accident. Plaintiffs further contended that Reyes fled the scene of the accident instead of securely marking the accident with reflective warning triangles. Plaintiffs also contended that Reyes was under the influence of drugs and/or alcohol at the time of the accident. Plaintiff also contended that defendant Osterkamp directed Reyes to postpone submitting to a drug/alcohol test for a full 24 hours after the accident, instead of directing Reyes to submit to the test immediately, as required by federal law. Plaintiffs further contended that defendant Osterkamp knew that its driver was an unfit driver, and did not even meet the company's "minimal standards." Plaintiffs also contended that defendant Schaffer failed to keep a proper look out and failed to take evasive maneuvers to avoid the decedent.

PLAINTIFF'S CONTENTIONS:
Plaintiff Holmes in response to defendant's allegation that Holmes was negligent, plaintiff contended that the rescue doctrine applies.

DEFENDANT'S

Damages

The Holmes' family sought recovery for wrongful death.

Result

The parties ultimately agreed to settle for a total gross settlement from all the defendants for nearly $1.3 million.