Truck making delivery at cemetery rolls backwards into couple's vehicle. $1.18M. Los Angeles County.
Summary
Plaintiffs claim the truck and trailer were too heavy for the steep road in the cemetery.
The Case
- Case Name: Takaki v. Jimmie Wayne Phillips, Bruce Phillips and SCI California Funeral Services, Inc. dba Eternal Valley Memorial Park & Mortuary
- Court and Case Number: Los Angeles Superior Court / 20STCV45984
- Date of Verdict or Judgment: Thursday, May 15, 2025
- Date Action was Filed: Wednesday, December 02, 2020
- Type of Case: Negligence, Vehicles - Truck vs. Auto
- Judge or Arbitrator(s): Hon. Frederick Shaller
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Plaintiffs: Jay TakakiRosa Takaki
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Defendants: Jimmie Wayne Phillips (driver of truck)SCI California Funeral Services, Inc. dba Eternal Valley Memorial Park & MortuaryBruce Phillips (passenger and owner of truck)
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $1,180,000
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Award as to each Defendant:
60% to driver; 40% to cemetery.
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Economic Damages:
For Rosa:
Past medical expenses: $85,000
Future medical expense: $35,000
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Non-Economic Damages:
For Jay:
Past: $200,000
Future; $160,000
For Rosa:
Past: $500,000
Future: $200,000
- Trial or Arbitration Time: 20 days
- Post Trial Motions & Post-Verdict Settlements: Plaintiffs' cost memo of $533,000.
The Attorneys
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Attorney for the Plaintiff:
Atticus Injury Law, PC by Atticus N. Wegman, Irvine.
The Law Offices of Kennith L. Peterson by Kennith L. Peterson, Placentia.
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Attorney for the Defendant:
Tseng & Associates by Jennifer Tseng , Thousand Oaks. (For defendant cemetery.)
McNeil, Tropp & Braun, LLP by Jeff Braun, Newport Beach. (For defendant driver.)
The Experts
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Plaintiff's Medical Expert(s):
Alfedo Sadun, M.D., neuro-ophthalmology.
Kenneth Nudleman, M.D., neurology.
Trisha Patel, M.D., pain management. (Treating physician.)
Rick Friedman, M.D., neurotology. (Treating physician.)
Kendall Wagner, M.D., orthopedic surgery.
Michael Rubenstein, M.D., orthopedic surgery. (Treating physician.)
Stuart Shanfield, M.D., orthopedic surgery. (Treating physician.)
Kauser Sharieff, M.D., neuro-optometry. (Treating physician.)
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Defendant's Medical Expert(s):
Ronald Kvitne, M.D., orthopedic surgery.
Barry Ludwig, M.D., neurology.
Benjamin Frishberg, M.D., neuro-ophthalmology.
Scott Forman, M.D., orthopedic surgery.
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Plaintiff's Technical Expert(s):
John Gardiner, accident reconstruction and biomechanics.
Paul Herbert, trucking.
Facts and Background
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Facts and Background:
On December 15, 2018, plaintiffs, husband and wife, both 60 years old, had just stopped and parked their vehicle at a cemetery in Santa Clarita, and were preparing to get out of the vehicle to pay respects to a deceased family member. Before they could unbuckle their seatbelts, a Dodge 3500 with a trailer rolled down a steep hill backwards, headed directly towards them. The rear of the trailer impacted the front of plaintiffs’ vehicle, causing airbag deployment. Defendant's truck and trailer were driving forward and uphill where the grade was too steep for their load and then their vehicle began rolling backwards, trailer first towards the front end of plaintiff’s vehicle before impact. Defendant's vehicle was carrying grave stone materials for use at the cemetery that was picked up in Georgia and was being delivered to California.
An ambulance came to take the wife away from the scene; husband rode in the ambulance but was given no treatment.
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Plaintiff's Contentions:
That both the cemetery and defendant driver were negligent in allowing the overloaded truck to enter the premises, which caused a dangerous condition.
There was testimony that when the driver entered the cemetery to deliver the load to them, cemetery staff warned the drivers that their load was too heavy and specifically that they would not make it, yet the cemetery employee still guided them up the road.
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Defendant's Contentions:
Defendant cemetery disputed liability; the defendant driver admitted liability and that his load was too heavy for the road. There was no dispute that the cemetery road was steep. Defendant cemetery disputed that they had any responsibility.
Defendants disputed injuries and extent of treatment.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
On the day of crash at the ER, wife had headaches, left elbow, and left side pain but no specific left shoulder or hip pain. Wife developed permanent chronic pain in neck, shoulder and hip that resulted in pain management treatment and eventually, several years later, a shoulder surgery. It was argued that the wife would need a future hip surgery.
Husband had headaches that had “already resolved” and wrist pain at the ER. No loss of consciousness and normal GCS. One week later, they both followed up with primary-care providers and then received chiropractic treatment. Three months after the crash, husband claimed balance issues and he was noticing head symptoms including loss of concentration.
Four years prior to the crash, husband had a benign tumor removed from his vestibular nerve inside his brain and lost his hearing in right ear as a result. While there is potential for this condition to pose residual issues going forward including balance, plaintiff argued that by the time of the subject crash he had made a great recovery. After the crash, husband had no diagnosed brain issues until a concussion three months later when he saw a neurologist. Ongoing future appointments consisted of vestibular therapy and appointments with his primary care provider.
Demands and Offers
- Plaintiff §998 Demand: For each plaintiff: $250,000 to cemetery; $500,000 to defendant driver
- Defendant Final Offer before Trial: Joint offer of $390,000 for each plaintiff
Additional Notes
Insurer for defendant truck driver: Progressive Insurance Company
Cemetery was self-insured.