Cyclist veers into path of car and is hit; later run over by truck. Wrongful death. Santa Cruz County.

Facts and Background

• Facts and Background:

  The decedent, Jose Martinez-Sanchez, aged 65 and a field worker, had been riding his bicycle to work in the early morning hours of July 24, 2013, along SR-129 outside of Watsonville.

  The sun was about to rise over the horizon; it was not dark but not fully light and the weather was overcast and misty. As Jose Martinez-Sanchez rode eastbound on the shoulder of SR-129, he was struck by a Ford Mustang traveling around 50 mph in the same direction and was thrown from the bicycle into the opposite, westbound lane of travel.

  The driver of the Mustang stated that Mr. Martinez-Sanchez suddenly veered or moved left in front of him and the collision was unavoidable. Mr. Martinez-Sanchez was likely injured in this collision, but did not appear fatally so – the Mustang driver and another witness who arrived moments later both exited their vehicles and went into the middle of the road  to attempt to divert traffic around Mr. Martinez-Sanchez as he lay in the roadway.

  Both described Mr. Martinez-Sanchez as lying on his side or sitting, moving his head around, grabbing his legs, moaning and possibly talking. There was testimony offered that the two men assisting Mr. Martinez-Sanchez were in fact able to signal and divert some traffic around the injured bicyclist. However, after about 60 seconds of their efforts in the road, defendant Ahlem approached westbound at approximately 50-55 mph in his Ford F-150 and directly ran over Mr. Martinez’s skull and chest.

  Mr. Ahlem testified that he did not see anything in the roadway, nor any vehicles which had pulled over nor people in the road warning oncoming motorists, until the last possible second. There was some dispute over this contention -- Mr. Ahlem told the investigating CHP officers that he saw a bicycle and a “black object” in the roadway approximately 50-60 feet ahead of him. Mr. Ahlem did not brake, but attempted to straddle the object, ultimately running it over.

• Plaintiff's Contentions:

  Plaintiffs contended that Mr. Ahlem was at fault for the death of Mr. Martinez-Sanchez, and that this was a collision which should have been avoided had defendant not been inattentive and traveling too fast for conditions.

  Plaintiffs acknowledged a degree of fault on their decedent in causing the first collision with the Mustang, but disputed the nature and extent of the injuries sustained in that collision.

  Plaintiffs contended that Mr. Martinez-Sanchez should have survived the first collision, and it was the crush injuries sustained in the second collision from defendant's F-150 which caused decedent’s fatal blunt force trauma injuries.

• Defendant's Contentions:

  Defendant disputed liability for the death of Mr. Martinez Sanchez, contending that the second collision was unavoidable.

  Defendant contended that Mr. Ahlem could not have seen nor reacted in time to Mr. Martinez Sanchez being in the roadway, and therefore could do nothing to avoid the second accident, invoking the “imminent peril” defense.

  Defendant further contended that though the nature and extent of injuries from the first Mustang collision were mostly unknown, the nature of the collision with the Mustang at 50 mph likely resulted in a severe and/or fatal injury and thus defendant Ahlem should not be liable for the blunt force trauma crush injuries under the wheels of his F-150.