Truck driver and truck owner may be partly negligent when a speeding motorcyclist collides with a big truck at the “T” intersection.
Plaintiff’s decedent Michael Kennedy (61), was riding his bike southbound on Japatul Valley Road, El Cajon, with several of his friends. Kennedy slapped Daniel Cummings, a driver of a water truck owned Development Contractor, Inc. Cummings stopped at a T intersection on Japatul Lane at Japatul Valley Road, and waited at the stop sign while several motorbikes passed. Kennedy approached Cummings’ left, while his two friends walked slowly into the intersection. Kennedy’s bike slid off its rear tire before impact and started smoking because of locked brakes. Kennedy was killed instantly upon impact. Kennedy’s friends were uninjured and walked around the truck unscathed. An officer from California Highway Patrol arrived on the scene and concluded that Kennedy was at fault for driving at a speed well beyond the limit. Cummings was driving without a commercial license, but with permission from his employer. Witnesses testified that Cummings stopped and moved slowly forward, while Kennedy was moving at a fast speed. At trial, the investigation officer’s view of Kennedy’s fault, which was negative, was not presented in evidence. The decedent’s friend and best friend, who were right behind Kennedy, and going 80 mph in curve, reported to Kennedy that Kennedy was “pulling away” and that Kennedy and his friends were speed-racing. In 2007, the case was tried in its original form by the same counsel, who reached a defense verdict of 10-2, but that was overturned on appeal due to juror misconduct. The case was ordered to be retried.
Case Details
- Case Name: Kennedy v. Cummings
- Court and case number: San Diego Superior Court/GIE032642
- Date Of Verdict Or Judgment: Friday, April 09th, 2010
- Date Action Filed: Thursday June 08th, 2006.
- Types of Action: Vehicles-Motorcycle
- Judge/Arbitrator(s),Hon. Timothy Taylor
- Plaintiffs: Carmen Kennedy Adam Kennedy Danielle Kennedy
- Defendants: Daniel Patrick Cummings Development Contractor, Inc.
- Type: Jury Verdict
Verdict and Settlement
- Award or Verdict: $3,859,000 Gross before 25% Comparative Neglect of Decedent
- Contributory/Comparative Negligence: Defendant Cummings: 50%; Development Contractor: 25%; Kennedy: 25%
- Economic Damages Total cost of $859,000, including $850,000 for LOE/benefits and $9,000 for the loss of a motorcycle.
- Non-Economic Damages:$3,000,000
Personal Injury Lawyers
- Attorney for the Plaintiff Santa Monica Law Office of Otto L Haselhoff PC by Otto L. Haselhoff
- Advocate for the Defendant John T. Farmer, San Diego. Merris A. Washington.
Expert Witnesses
- The Technical Experts of Plaintiff: Stephen L. Plourd, accident investigation, San Diego. William H. Jones. Tamorah G. Hunt, Ph.D., economics.
- Technical Expert(s), Defendant: Brian P. Brinig, J.D., C.P.A., economics, San Diego. David A. Casteel, accident reconstruction, El Cajon. Paul Zimmer, C.P.A, M.B.A., economics, San Diego. Timothy J. Reust, accident reconstruction, Newhall.
Lawyers’ Closing Arguments
Plaintiff’s Contentions: Kennedy’s spouse and two of Kennedy’s adult children sued Cummings and Development Contractor. They claimed that Cummings was driving without a commercial licence and had done so at least fifty times before the accident. They also alleged negligent entrustment against Development Contractor, claiming it was their responsibility to ensure that Cummings received a valid license. Cummings was also accused of not stopping at the stop sign. Instead, the plaintiffs claimed that he should have stopped at the entrance to roadside and not accelerating slowly. Kennedy would have had enough room if Cummings had slowed down quickly, they claimed.
Defendant’s Contentions: Cummings claimed he saw a blur and attempted to clear the intersection but failed. The defense counsel claimed that Kennedy was 100% at fault for the accident. Kennedy was speeding in excess of the speed limit and allegedly went 80 mph around a sharp curve on a rural two-lane road with many driveways. Cummings claimed that he did everything possible to avoid the accident and stopped at the stop sign before proceeding with caution.
Personal Injuries and Damages
- Plaintiff claims physical injuries Kennedy was killed in the crash. Kennedy was 61 years of age.
- Plaintiffs sought damages for wrongful deaths, loss of care, comfort, and society, as well as property damage to the motorcycle and lost earnings in military benefits.
Special Damages
- Past Earnings Lost Claimed:$866,000
Additional Notes
Per defense counsel:
The original case was tried before Hon. Laura W. Halgren, San Diego Superior Court, El Cajon Branch. The verdict was delivered on May 13, 2007. The verdict was a defense verdict (1-2). The verdict was reversed by the 4 th District Court of Appeal. This decision was based on a claim of jury misconduct.
