Sue Yslas, Kayla Yslas, Rueben Yslas, Roman Yslas v. Sacramento Rendering Co., James Leo Walsh
Published: Sep. 21, 2004 | Result Date: Jun. 30, 2004 | Filing Date: Jan. 1, 1900 |Case number: 02AS01335 Verdict – $6,672,260
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Roger A. Dreyer
(Dreyer, Babich, Buccola, Wood & Campora LLP)
Defendant
Matthew C. Jaime
(Matheny, Sears, Linkert & Jaime LLP)
Richard S. Linkert
(Matheny, Sears, Linkert & Jaime LLP)
Experts
Plaintiff
Chris Port
(technical)
Paul Kayfetz
(technical)
Kirk A. Blackerby
(technical)
Thomas K. Shelton
(technical)
Defendant
Joseph T. Thornhill
(technical)
Richard S. Barnes C.P.A, A.B.V., C.F.F.
(technical)
Facts
On Dec. 4, 2001, the decedent, Richard Yslas, a 30-year-old hourly employee for a local electrical power plant contractor, was riding his motorcycle southbound on Sunrise Boulevard near its intersection with Kiefer Boulevard in the city of Sacramento. The decedent was observed making numerous passes of other southbound traffic prior to the subject intersection. He was observed to have made, at a minimum, five passes and reaching speeds of between 70 and 80 mph while negotiating those pass maneuvers. Testimony conflicted as to whether or not he made his last pass over a solid yellow line (a no pass zone) immediately before the intersection. His speed, when observed by eyewitnesses immediately before impact, ranged from 50 to 75 mph. The defendant, James Walsh, an employee of the defendant Sacramento Rendering Company, was stopped at the stop sign on eastbound Kiefer Boulevard intending to turn left and go north on Sunrise Boulevard. Walsh testified that he was stopped at the stop sign for four to seven minutes waiting for the traffic to clear. The collision itself took place at 4:45 p.m. and he was therefore dealing with rush hour traffic. The defendant testified that he looked both left and right and never saw the motorcyclist so he pulled out into the intersection. His first knowledge of the motorcyclist was at the point of impact. The motorcyclist was killed in the collision.
Settlement Discussions
Plaintiff Sue Yslas made a C.C.P. Section 998 demand of $6 million in July 2002. Subsequently, the settlement demand was raised to $10 million. Prior to trial, the demand was reduced to $8.5 million. At the conclusion of trial, the $10 million demand was reinstated. The defendant offered $2.5 million prior to trial; raised to $3 million at the end of trial.
Specials in Evidence
$900,000 (according to the defense) and $1.1 to $1.25 million (according to the plaintiff)
Damages
The decedent was 30 years old at the time of his death and was survived by his wife, age 33, and three children, ages 12, 10 and 3. The decedent had worked for the previous 10 years as a stocker and warehouseman. Four months prior to the collision, he obtained a job with TTS, a local contractor, that specialized in building power plants. His rate of pay at the time of death was $17 hourly. The plaintiff's employer testified that Yslas likely would have gone on to become a project manager. Had he done so, his salary would have increased significantly in a progression that would have likely taken him to $60,000 annually as a superintendent and to a salary, not including bonuses, of in excess of $100,000 as a project manager. The plaintiff's economist prepared an additional wage loss calculation based upon the employer's trial testimony that placed past and future wage loss and loss of household services at $1,552,000. The defendants' economist testified that, based upon the wages received at the time of the accident, past and future loss of household services and wages totaled $809,000. At the rate of $20 per hour, the total was $905,032. With respect to non-economic damages, it was argued that plaintiffs were entitled to damages in a range between $13 and $26 million. The total damages requested was in a range between $14.5 and $27.5 million.
Result
The jury determined that even though the decedent was negligent, such negligence did not cause his death.
Other Information
Interest and costs on the judgment currently exceed $1.5 million. The defendants' motion to tax costs is pending. The jury determined that even though the decedent was negligent, such negligence did not cause his death.
Deliberation
8 hours
Poll
12-0 (defendant's liability and damages), 10-2 (decedent's negligence), 9-3 (decedent's negligence not being the cause of the harm), 9-3 (defendant being 100 percent responsible for the death of Rick Yslas)
Length
17 days
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