Facts

On July 11, 2005, Daniel Broeske, a 56-year-old Caltrans field inspector, was working at the Willits Grade Project on US-101. Caltrans had contracted with defendant John N. Petersen Inc., general contractor, to repave and widen US-101 just south of Willits. Broeske walked southbound in the shoulder of northbound US-101 with Wes Nally, superintendent and chief safety officer of the project for defendant John N. Petersen Inc., toward a nearby brush fire to assess whether it presented a hazard to the paving crew.

As the two men walked in the shoulder, a dump truck delivering asphalt concrete and driven by defendant James DenBeste of Jim DenBeste Trucking backed down the same shoulder toward the paving equipment. The dump truck drivers were instructed by John N. Petersen Inc. to back approximately 0.5 mile down the shoulder around several curves in the road without riding up onto the freshly laid pavement in the two lanes of northbound US-101. John N. Petersen Inc. did not provide a spotter for the dump trucks until they were a few hundred feet away from where the asphalt concrete was to be dumped. DenBeste never saw Messrs. Broeske and Nally walking side-by-side down the shoulder due to the large blind spot behind his 1979 GMC 3-axle, 10-wheel dump truck (43,000 pounds loaded) as he continued to back directly towards them. The pedestrians allegedly never heard the functioning backup alarm on the dump truck due to the significant ambient noise from the helicopter and other fire suppression aircraft circling above.

Suddenly, the center of the rear of DenBeste’s dump truck struck Nally’s back, knocking him to the ground. Nally became entangled with the undercarriage of the dump truck, and was dragged for more than 50 feet before DenBeste could realize what happened and stopped his truck. As a result, Nally (age 52) suffered a compound fracture of his left foot, and fractures to his right clavicle, right ribs, left toes and vertebrae. He also lost a tooth.

The right rear of DenBeste’s truck struck Broeske back and knocked him to the ground. The double set of right rear tires then rolled up the back of Broeske’s legs, his back and over his head, immediately killing him.

Broeske’s surviving wife of 26 years, Patsy, and their only child, Ian, 21, brought a wrongful death case against DenBeste, his trucking company, and John N. Petersen Inc.

PLAINTIFF'S CONTENTIONS:
The plaintiffs contended that James DenBeste was negligent in his operation of his dump truck and that John N. Petersen Inc. was negligent in its management of the construction site.

DEFENDANT'S CONTENTIONS:
The defendants contended that Broeske was negligent in failing to look out for his own safety. Peterson also contended that DenBeste could and should have seen the pedestrians and that no spotter was required.

Damages

The plaintiffs sought undisclosed damages for wrongful death and the recovery of funeral and burial expenses.

Result

Prior to trial, the plaintiffs settled with James DenBeste and Jim DenBeste Trucking for $775,000 (of its $1 million policy limits) and subsequently with John N. Petersen Inc. for $1,490,000 for a total of $2,265,000. DenBeste settled with Nally for $225,000.