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wrongful death - freeway accident
This action involved a wrongful death of 54 year old male survived by his wife and
four (4) adult children. At approximately 3:00 a.m., on January 10, 2005, decedent was
driving a 2001 Ford F-150 pick-up truck eastbound on the I-60 Freeway. It was raining
heavy off and on all night. While traveling eastbound decedent’s vehicle spun out of
control and collided with the center divider. The decedent’s vehicle came to rest extending
sideways across the center median and into the number one lane.
The defendant was driving in the number one eastbound on the I-60 freeway in a
Ford E-350 supershuttle van, and struck decedent’s vehicle. Defendant was in the course
and scope of his employment with a company in Ontario at the time of the incident.
We contended that Defendant was inattentive. The decedent’s headlight was
partially visible. The rain was heavy earlier but light at the time of the impact. Defendant
contended that decedent’s vehicle was not visible. The headlights of the Supershuttle van
only illuminate 150 feet. Defendant was traveling 55 mph and could not possibly have
reacted to an unexpected vehicle in the dark, sideways in the rain with sustained major
front damage in the initial solo collision with the center divider and that accident smashed
one headlight completely and altered the direction of the second light preventing any view
of it. Additionally, the headlight on the subject Ford was not visible from the side view.
Despite Defendant’s contention, the Jury found in favor of Plaintiffs.
* Results may vary depending on your particular facts and legal circumstances. Because every case is different, the descriptions of awards and cases previously handled are not meant to be a guarantee of success.
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