Facts

On Nov. 2-3, 2020, a series of motor vehicle accidents occurred along rural SR-88 in San Joaquin County which ultimately resulted in the death of two individuals. Two large Monterey pine trees were growing along the side of the highway prior to the accident. There was no artificial street lighting in this area at the time of the subject accident. On Oct. 23, 2020, the first tree fell across both lanes of the highway causing no injury. On Nov. 2, 2020, late in the evening, the second tree fell across both lanes of the highway. On Nov. 2-3, 2020 was a clear, cool, dry evening, with no adverse weather conditions to note. Decedents were travelling eastbound on the highway when their Mazda SUV collided with the trunk of the tree in their lane. All four occupants of the Mazda SUV were uninjured and able to self-extricate. Shortly thereafter, another vehicle, a Honda sedan, travelling westbound collided with the branches of the tree. The driver of the Honda sedan was uninjured and able to self-extricate. Two cars travelling westbound shortly behind the Honda were able to stop in time to avoid hitting the tree.

Exact details and movement of individuals at the scene were contested, but ultimately all pedestrians eventually moved to the shoulder of the roadway to safety, except for decedents, who returned to their vehicle to retrieve their keys. At this time, defendant Pablo Vazquez was driving his tractor-trailer eastbound on SR-88 at 55 or 56 mph, using cruise control on the straight stretch of roadway. Vazquez was driving in the course and scope of his employment for defendant Foster Farms, who accepted respondeat superior liability on behalf of Vazquez. Vazquez stated that he did not activate his high beam headlights because it appeared that there was a vehicle approaching him in the oncoming lane - this was in fact the Honda sedan facing westbound which had collided with, and become stuck among, the tree's branches.

Vazquez was unable to see the tree or the Mazda SUV stuck among its branches as he approached. Vazquez believed that the roadway was clear and saw three sets of headlights in the oncoming lane, appearing to be ordinary oncoming traffic. Vazquez attempted to perform an emergency stop immediately upon the tree becoming visible, but was unable to stop in time. Vazquez's tractor-trailer collided with the tree and the Mazda SUV. His trailers jackknifed and struck a vehicle behind the Honda sedan, pushing it into a third vehicle further back. The two Decedents who had remained in the roadway to retrieve their keys from the Mazda SUV were killed in the collision.

Plaintiffs were the decedents' adult children.

PLAINTIFF'S CONTENTIONS: Plaintiffs contended that Vazquez was negligent in the operation of this tractor-trailer. Plaintiffs alleged that Vazquez was travelling at an unsafe speed for the conditions in violation of Vehicle Code section 22350, that he was travelling in excess of 55 mph in violation of Vehicle Code section 22406, and that he failed to use his high beam headlights as required by Vehicle Code section 24409. Plaintiffs also alleged that Vazquez travelled through a sweeping curve over 1,000 feet from the accident site at 55 MPH despite the curve having a posted advisory speed of 40 MPH, and that this speed contributed to his negligence.

DEFENDANT'S CONTENTIONS: Defendants denied negligence, contending that Vazquez operated his tractor-trailer safely and reasonably, that he was not speeding, distracted, inattentive, or negligent in any manner.

Settlement Discussions

Plaintiffs' settlement demand at the Mandatory Settlement Conference held on Oct. 21, 2024 was $2 million. Defendants' final settlement offer at the Mandatory Settlement Conference was $125,000.

Damages

Plaintiffs sought $3 million in non-economic damages for each decedent, totaling $6 million.

Injuries

Two individuals were killed as a result of the accident.

Result

Jury verdict in favor of defendants, finding no negligence on behalf of defendants.

Other Information

Plaintiffs filed a Request for Dismissal with Prejudice in lieu of a Judgment on Dec. 18, 2024.

Deliberation

5-6 hours

Poll

9-3

Length

nine days