High-speed head-on collision on two-lane road can lead to liability disputes.
Decedent Paul Perkins (64), his wife Rosemary Perkins (64), and their friend Maria Consuelo Rosas Calderon (41), were travelling southbound on Terminal Avenue, between Riverbank, Modesto, at 6:30 p.m. Terminal Avenue, which is a two-lane road, has no adjacent improvements, lights, or fog lines to identify the roadway’s edge. The roadway was marked with yellow skip-stripes that identified the northbound and southern lanes. The plaintiffs were driving a 2002 GMC pickup truck, half-ton, at 55 to 56 mph. 55 miles per hour was the posted speed limit. William Anthony Borges, Jr., a defendant from Waterworks Industries, was also traveling northbound in an F-350 pickup truck. The defendants admitted that Borges was operating a company vehicle in the course and scope his employment at the moment of the incident. The plaintiffs’ pickup truck was struck by the Waterworks pick up truck’s left front at an estimated speed of 125 miles per hour. Paul Perkins, Rosemary Perkins’ ancestor, was instantly killed. William Anthony Borges, Jr., a defendant Waterworks employee, was scratched on his finger. Plaintiff Rosemary Perkins, who had just lost her husband, also suffered a broken jaw, and a fracture to her left tibial plateau. Maria Ross-Calderon was the right rear passenger and suffered a fracturedsternum. Data taken from defendant Waterworks’ Ford pick up truck showed that defendant Borges was traveling at 70 miles an hour at the time of impact. Data also showed that there was no steering movement to avoid impact and there was no braking in the five seconds prior to impact. Both experts concurred that the impact took place in the southbound lanes.
Case Details
- Case Name: Rosemary Perkins, individually and as the Successor-in-Interest to The Estate of Paul Perkins, and Maria Consuelo Rosas-Calderon, v. Waterworks Industries, Incorporated, William Anthony Borges, Jr., and DOES 1 to 30, inclusive
- Court and case number:Stanislaus County Superior Court/CV18003284
- Judgment or Verdict Date:Wednesday May 26, 2021
- Date Action Filed:Thursday October 4, 2018
- Types of Action: Negligence and Vehicles. Auto vs., Wrongful death
- Judge/Arbitrator(s),Hon. Sonny S. Sandhu
- Plaintiffs:Rosemary Perkins
- Defendants:Waterworks Industries, IncorporatedWilliam Anthony Borges, Jr.
- Type:Jury Verdict
Verdict and Settlement
- Award or Gross Verdict:$5,000,000
- Award or Verdict:$5,000,000 to Perkins
- Settlement AmountPlaintiff Maria Consuelo Rosas Calderon settled her case for $75,000, with no medical specials and Medi-Cal paying less than $1.500.
- Economic DamagesPast and future economic damages due to the wrongful death or husband: $1,000,000Past medical expenses: 100,000
- Non-Economic Damages:Non-economic losses for the loss of a husband: $3,000,000Past personal injury, pain, and mental suffering: $400,000
- Trial Time or Arbitration:9 Days
- Jury Deliberation:2 Hours, 20 Minutes
- Jury polls:12-0
Personal Injury Lawyers
- Attorney for the PlaintiffPenney & Associates, Kevin L. Elder, Rocklin.
- Advocate for the DefendantSeverson & Werson, Kenneth C. Ward by Nandor Krause, Jeremiah Harvey in San Francisco
Expert Witnesses
- Plaintiff’s Medical Expert(s).Michael R. Klein, Jr., MD, orthopedics/defense medical examination, Gold River. Jacob S. Barber DDS, Modesto, Oral/Maxillary Surgery
- The Medical Expert(s), Defendant: Michael R. Klein, Jr., MD, orthopedics/defense medical examination, Gold River.
- The Technical Experts of Plaintiff: Jeffrey Bonsall, momentum engineering, accident reconstruction, Torrance. Craig Enos, economics Folsom.
- Technical Expert(s), Defendant: Laura Dolan, economics, San Diego. Rajeev Kelkar, Ph.D., accident reconstruction, Mountain View.
Lawyers’ Closing Arguments
Plaintiff’s Contentions:Plaintiffs claimed that defendants’ vehicle crossed the center line into the southbound lanes, causing the accident.Jeffrey Bonsall, Momentum Engineering’s expert on plaintiffs, testified that the impact was three feet in plaintiffs’ southbound lanes, based on gouge marks in roadways, physical evidence to both vehicles and data from the EDR from defendants truck.
Defendant’s Contentions:The defendants contested liability, arguing that Paul Perkins (the plaintiff’s decedent) contributed to the accident by travelling on or over the skip-striped middleline of the roadway.Rajeev Kelkar (defendants’ expert), testified that the impact took place either at the center line or about 6-12 inches within the southbound lanes.Through their experts, defendants argued that plaintiffs created an imminent danger which justified defendants’ conduct. Independent witness, who was behind Perkins’ vehicle, testified that Perkins was travelling southbound and crossed the northbound lane centerline or was close to the centerline during the moments preceding the impact. According to this testimony, Rajeev Kelkar (defendant’s expert) testified that defendant Borges was in a state of imminent danger when he saw the headlights of plaintiff’s vehicle travel in the northbound lanes and cross the center line. This caused Borges’ vehicle to move to the east side, leaving the roadway surface. He lost control of his vehicle and traveled across the roadway to the southbound lane.
Personal Injuries and Damages
- Plaintiff claims physical injuriesRosemary Perkins lost her husband and suffered from a fractured jaw, which was wired shut for 60-days, as well as a tibial plateau bone fracture. Both of these injuries were resolved in 12 months.
Demands and offers
- Final Demand of the Plaintiff before Trial:$5,600,000.
- Final Offer to Defendant Before Trial:$3,000,000 Increased to $3,250,000 30 Days Prior To Trial
Additional Notes
Per defense counsel
The final demand of plaintiff before trial was $6,000,000.
*The counsel for the plaintiff denies that he made a final demand for $6,000,000.
