Family's SUV slams into 18-wheeler parked on side of freeway. $150 million for wrongful death. Los Angeles County. (JNOV/new trial granted)

Facts and Background

• Facts and Background:

  At 5 a.m. on November 22, 2009 defendant Rudolph Ortiz, age 73, an employee of and driver for defendant Bhandal Bros. Trucking, Inc., pulled his 18-wheeler off the 210 freeway and parked on the side (how far off the travel lanes he parked was in dispute).  Mr. Ortiz had only obtained his commercial driver’s license 2 years previously at the age of 71.

  Shortly thereafter, Michael Asam, age 41, and his family were on their way to a Thanksgiving holiday in Oregon. Michael Asam was driving a GMC Yukon pulling a utility trailer containing 4,000 pounds of motorcycles and gasoline when he pulled off the freeway and collided into the back of the parked Bhandal Bros. truck.  Michael Asam, his wife Shannon, age 40, and his oldest son Brennan, age 14, became pinned underneath the wreckage.  The two youngest children, Blaine, age 11, and Kylie, age 9, managed to escape through a broken rear window and attempted to open the door to get their mother out of the car without success.  A fire started in the engine compartment of the SUV and began to spread. 

  After several minutes Blaine and Kylie were able to flag down a passing motorist on the highway who also attempted to free Shannon Asam from the wreckage, including using a fire extinguisher and attempting to put out the fire by shoveling dirt from the shoulder of the road onto the engine.  He also made 2 emergency calls attempting to get help. After 10 minutes of his efforts, the fire became too large. All the while, the truck driver remained in his cab. 

   The parents and one child burned to death in the wreckage.

   

• Plaintiff's Contentions:

  That Rudolph Ortiz was parked illegally on the shoulder of the highway in defendant  Bhandal Bros.'s tractor-trailer truck.

  That by being parked on the shoulder of the highway, Mr. Ortiz was in violation of the following codes/regulations:  California Vehicle Code § 21718, California Vehicle Code § 22505, Federal Motor Carrier Safety Administration § 392.3, Federal Motor Carrier Safety Administration § 392.22 (a), Federal Motor Carrier Safety Administration § 392.22 (b).

  That Mr. Asam struck a piece of roadway debris, causing the left front tire of the trailer he was towing to lose pressure, forcing him into an emergency maneuver to pull off the road.

  That as Mrs. Asam pleaded for her life, she, Michael and Brennan burned to death in front of her two surviving children.

   

• Defendant's Contentions:

  That defendant driver needed to pull over due to a disabling headache, was not aware of any other safer locations to stop, and was not physically able to continue driving while looking for safer locations. That Mr. Ortiz stopped 13 feet to the right of the travel lanes, was not on the shoulder and therefore was not in violation of the emergency-parking-only law.

  That there was no proof offered during the trial that the Asam vehicle actually struck any roadway debris, and police stated that they searched and found no such debris.  That the damage to the rim occurred during the collision, a conclusion supported by police testimony.

  That there was no evidence of steering, tire marks or braking of the Asam vehicle which collided with the back of the parked Bhandal Bros. truck at 40-50 mph with the Yukon and it's trailer completely aligned.

  That the children never did see their parents or brother burn as they were sitting in the pick-up truck of the passing motorist after initially attempting to get their mother out of the car.

  That the accident was caused by Mr. Asam falling asleep and driving off the roadway and that the jury should award no damages to the plaintiffs.