Facts

Plaintiff Guillermo Alfaro, Jr., 15, was illegally riding a three-wheel All Terrain Vehicle (ATV) on public roads with no helmet or insurance when broadsided by a GMC 2500 pickup truck hauling a travel trailer driven by an employee of defendant Intents Emergency Response LLC. Intents supplies tent structures, generators, lighting, and heat/cooling systems to crews fighting forest fires.
The collision occurred on State Route 46 in Lost Hills, Kern County, at the intersection with Martin Avenue that is controlled by a two-way stop for traffic on Martin Avenue, with through traffic on Route 46 having the right of way. Witnesses identified in the Traffic Collision Report testified that they saw the ATV traveling on Martin Avenue towards Route 46 at a high rate of speed, but the ATV went out of sight before the sound of the collision was heard.

Motion-activated surveillance cameras captured only video of the aftermath, but not the collision. Data obtained from the truck indicated that the truck was traveling at or slightly above the speed limit.

After the Court denied Intents' Motion for Summary Judgment, and days before mediation of the case, an eyewitness located by Plain Legal PC testified that the ATV passed her on Martin Avenue and then sped up as the ATV approached Route 46 in an apparent attempt to beat the approaching truck across the highway.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that he stopped at the intersection to wait for traffic on Route 46 to clear. Plaintiff contended that the truck/trailer rig was speeding, swerving, and hit the stopped ATV outside of Route 46's traffic lanes. Plaintiff also contended that the truck driver was intoxicated. Plaintiff's accident reconstruction expert Mark H. Kittel opined that Plaintiff was stopped or moving very slowly when impact occurred.

DEFENDANT'S CONTENTIONS: Defendants contended that that the truck driver was sober, undistracted, and traveling straight within the Route 46 traffic lane at approximately the speed limit when the ATV darted out onto Route 46 and the truck broadsided the ATV dragging it with the Plaintiff about 181 feet to their point of rest. Defendants' accident reconstruction expert Samuel White of Collision Research & Analysis, Inc. opined that Plaintiff's ATV darted out onto Route 46 at a high rate of speed and the truck driver did not have sufficient time to react and avoid the collision. Eyewitness testimony confirmed the opinion of Intents' accident reconstruction expert that the physical evidence indicated Plaintiff darted out onto Route 46 at a high rate of speed and the truck driver did not have sufficient time to react and avoid the collision.

Settlement Discussions

Plaintiff's pre-mediation settlement demand for insurance policy limits was rejected by defendants.

Specials in Evidence

Meds: $884,119 Future Loe: $5 million Future Meds: $7.5 million

Damages

California Civil Code Section 3333.4 (Proposition 213) served as a bar to non-economic damages. Alleged economic damages totaled $13,384,119.

Injuries

Plaintiff suffered an open skull fracture with traumatic brain injury among many other injuries and was airlifted from the scene.

Result

The case settled for $110,000.