Motorcyclist is killed when he collides into a City of Covina truck. After CCP 998, plaintiff had reduced his pre-trial demand by $1 million.
Plaintiff’s decedent, David Hernandez (21 years old), was killed when he crashed into a truck while riding on his motorcycle at the intersection of San Bernardino Road, and North Prospero Drive, in the City of Covina. Earl Karch, the employee of Defendant City of Covina, drove his truck across San Bernardino Road to meet decedent’s motorbike. The City of Covina Public Utility Yard was the intended destination of Defendant Karch.
Case Details
- Case No. Laura Asencio, City of Covina, and others.
- Court and case number:Los Angeles Superior Court/BC620177
- Judgment or Verdict Date:Monday October 29, 2018
- Type of Action: Vehicles – Intersection, Vehicles – Motorcycle , Wrongful Death
- Judge/Arbitrator(s),Hon. Judge James Kaddo
- Plaintiffs: Laura Asencio is the mother of the decedent.
- Defendants:City of CovinaEarl Karch, employee driver.
- Type:Jury Verdict
Verdict and Settlement
- Award or Gross Verdict:$7,000,000
- Contributory/Comparative Negligence: 25% to plaintiff; 75% to City of Covina and employee driver.
- Non-Economic Damages:Past: $500,000Future: $6,500,000
- Arbitration or Trial Time:6 Days.
- Jury Deliberation:1 Day.
- Jury polls:9-3
Personal Injury Lawyers
- Attorney for the PlaintiffDordick Law Corporation, Gary A. Dordick, and Alaa A. Yosin, Beverly Hills
- Advocate for the DefendantRobert J. Gokoo Law Offices, Santa Ana
Expert Witnesses
- The Technical Experts of Plaintiff:Ted Kobayashi, accident reconstruction, Livermore.Joseph G. Yates is a motorcycle operator, Seal Beach.
- Technical Expert(s), Defendant:Stephen B. Garets is a motorcycle operator, Corvallis (OR).Beau LeBlanc, accident reconstruction, El Segundo.
Lawyers’ Closing Arguments
Plaintiff’s Contentions:The collision was caused by defendant Karch, who ran a stop sign before driving his large City of Covina Utility Truck through lanes of traffic in front of Mr. Hernandez. Video surveillance showed defendant Karch moving through the stop sign and not coming to a complete halt.
Defendant’s Contentions:David Hernandez was the only reason for his death. He drove at an extremely high speed. Video shows decedent traveling at 70 mph within a 35-mph zone. He was also travelling faster than 70 mph before entering the frame. This accident would not have happened if David Hernandez had kept the motorcycle within the posted speed limit.
Personal Injuries and Damages
- Plaintiff:$1,250,000
- Final Demand of the Plaintiff before Trial:$1,000,000
- Defendant SS998 Offer: $700,000
- Final Offer to Defendant Before Trial:$800,000.
Additional Notes
Decedent’s father settled for $700,000.
The defendants were required to pay the full verdict upon entry of the judgment.
