Tractor-trailer collides with vehicles on shoulder: Failure to properly change lanes: Wrongful death: Zone of peril: Settlements

Law Reporter, Jun 2001

Abbott ro. Shepard, Mo., Pemiscot County Cir. Ct., No. CV300-1522CC, Nov. 21, 2000.

Dillard, 49, pulled onto the shoulder of a highway to help a motorist having car trouble. Dillard parked his vehicle so that the two cars were facing each other and Dillard's headlights were facing traffic. A tractor-trailer traveled onto the shoulder and collided with the vehicles. Dillard suffered fatal injuries. He had been a janitor earning $8.50 per hour and is survived by three adult and three minor children.

The children sued the tractor-trailer driver's employer, alleging the driver failed to keep a proper lookout and stay in his lane. Plaintiffs also alleged the driver was driving while fatigued. Additionally, Dillard's youngest son, who witnessed the collision, sued defendant for emotional distress damages for being in the zone of peril.

Defendant argued that Dillard was parked illegally and that the appearance of a single headlight from the shoulder confused the tractor-trailer driver.

The parties settled for $1.1 million. The youngest son received $270,000 plus $200,000 for his zone of peril claim. Two children received $180,000 and three received $90,000.

Plaintiffs' expert was Kenneth Thompson, transportation, Louisburg, Kan.

Plaintiffs' Counsel

*Daniel J. Matula, Kansas City, Mo.

Comment: See also Ran&in v. Moharamzadeh, Cal., Los Angeles County Super. Ct., No. TC 009843, Dec. 15, 1999. There, Rankin, 42, was driving in a northbound lane on a freeway. A tractor-trailer traveling in another northbound lane failed to see a city police vehicle that was partially blocking the lane and clipped the vehicle. The tractortrailer lost control and crossed the freeway lanes, colliding with Rankin's vehicle. Rankin suffered fatal injuries. He had been a retail store manager earning approximately $40,000 annually. His lost earnings totaled $830,000. He is survived by his wife and three minor children.

Rankin's wife and three children sued the tractor-trailer driver, the trucking company, and the city. Plaintiffs alleged the driver was negligent in failing to see and avoid the police vehicle. Suit claimed the city was negligent in employing improper police procedures by partially blocking a lane of traffic during a traffic stop. Additionally, plaintiffs contended the trucking company was liable under a respondeat superior theory.

Before trial, the court granted defendants' motion-- based on Cal. Civ. Code (sec)3333.4-to bar plaintiffs from recovering noneconomic damages because Rankin was uninsured at the time of the incident. The parties subsequently reached a settlement for $1.05 million. The settlement also provided that if plaintiffs prevailed on their appeal of the trial court's granting of defendants' motion, defendants would pay an additional $500,000.

An appellate court reversed the trial court's decision, finding that (sec)3333.4 does not apply to wrongful death cases.

Plaintiffs received a total settlement amount of $1.55 million. The trucking company contributed $1.25 million, and the city, the remainder.

Plaintiffs' experts were Mark S. Sanders, human factors, Sherman Oaks, Cal.; Robert A. Okey, accident reconstruction and police procedures, Sherman Oaks, Cal.; and Joyce Pickersgill, economics, Irvine, Cal. Defendants' experts included Paul Ganz, police procedures, Huntington Beach, Cal., and Ann Wilson, economics, Pasadena, Cal.

Plaintiffs were represented by Jeffrey A. Lipow, Beverly Hills, Cal.