Truck strikes disabled vehicle: Negligent hiring and retention: Vicarious liability: Wrongful death: Settlement

Law Reporter, Oct 2003

Olivarez v. Rebel Oil Co., Nev., Clark County Dist. Ct., No. 01-A-430209, Jan. 10, 2003.

Olivarez, 21; Caballero, 23; Gonzalez, 21; and Murguia, 25, were traveling at night southbound in a car on a highway when a minivan crossed the centerline and struck their vehicle head-on. The vehicles came to a stop in the southbound lane, and a truck traveling southbound struck the disabled car, causing fatal injuries to all occupants. Olivarez, Caballero, and Hernandez are each survived by their parents. Murguia is survived by his wife, minor daughter, and father.

The victims' survivors sued the trucking company for their wrongful deaths. Plaintiffs alleged negligent hiring and retention of the driver, who had incurred several traffic citations and criminal charges during the three years preceding Uie incident. Suit also alleged vicarious liability for the actions of the driver, who allegedly was distracted and should have been on medication for his attention deficit disorder.

Defendant argued that decedents had died in the first collision. Defendants also contended that due to darkness on the highway, the driver was unable to see the disabled vehicle until it was too late to avoid the collision.

The parties settled before trial for approximately $5.1 million. The apportionment among plaintiffs is confidential.

Plaintiffs' experts were Don Asa, trucking, Phoenix, Ariz.; Gary A. Presswood, accident reconstruction, Las Vegas, Nev.; and Joseph L. Burton, biomechanics, Alpharetta, Ga.

Defendant's experts were Lawrence McClellan Elson, biomechanics, Napa, Cal.; Raymond Merala, accident reconstruction, San Carlos, Cal.; Lindley Manning, accident reconstruction, Reno, Nev.; V. Paul Herbert, trucking, Quincy, Cal.; and James B. Hyzer, lighting, Janesville, Wis.

Plaintiffs' Counsel

*Michael A. Caddell,

* Cynthia B. Chapman, and

*John B. Scofield Jr., all of Houston, Tex.

*Ezequiel Reyna Jr., Weslaco, Tex.

*J. Randall Jones, Las Vegas, Nev.

Documents in this case are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Scofield.