AP NEWS

Panish Shea & Boyle LLP Obtains $6.3 Million Verdict in Wrongful Death of 74-year-old Man Struck By Vehicle at Whittier Uptown Association Farmers Market

October 12, 2018

LOS ANGELES--(BUSINESS WIRE)--Oct 12, 2018--A Los Angeles County Superior Court jury has awarded $6,300,000 to the family of a Southern California man who suffered fatal injuries as a result of being struck by a vendor vehicle at the Whittier Uptown Association Farmers Market. Plaintiffs were represented at trial and in the case by David Rudorfer and Tom Schultz of Panish Shea & Boyle LLP.

“State Farm didn’t think the life of a 74-year-old man from Pico Rivera was worth anything, and this jury’s verdict proves that the insurance company was very wrong,” said David Rudorfer. “The verdict sends a message to all companies that operate or manage Farmers Markets across the country that if they violate safety rules meant to prevent pedestrians from being injured in vehicle collisions, they cannot escape the responsibility by simply blaming the driver or vendor.”

Tom Schultz adds, “The lives of this family are forever changed as a result of this horrific accident and the negligent actions of Whittier Uptown Association by failing to adhere to its own safety protocols. The jury’s verdict should serve as a wake-up call to any organization or company that puts its profits over the safety of its customers and the public at large.”

On the morning of April 1, 2016, decedent Armando Martinez was a customer at the Whittier Uptown Association Farmers Market (WUAFM) when a vehicle driven by Defendant Maria Acuna drove in reverse at approximately 5 miles per hour striking Mr. Martinez and causing him to land on his head and suffer injuries resulting in his death. At the time of the incident, the Farmers Market was already open for business, and Defendant Acuna, who was working for a market vendor, was permitted by the WUAFM manager to drive onto the market grounds to set up her vendor tent despite the known danger posed to customers. Mr. Martinez was survived by his wife and his two adult daughters with whom he had an extremely close relationship.

Prior to trial, Defendants Whittier Uptown Association (the “Association”) and Acuna both admitted that they were negligent in causing the fatal collision but the State Farm attorneys representing the Association claimed that Defendant Acuna should be held responsible for a significant majority of the blame because she was the driver of the vehicle that struck Mr. Martinez. The Plaintiffs contended that the Association was 100 percent responsible for the collision because, as its management admitted in deposition, it was supposed to keep vehicles off the property after the market opened for business and it violated a safety rule that would have prevented the fatal incident.

Throughout the seven days of trial, the Plaintiffs called numerous witnesses to prove the Association was negligent including the operations manager, the market chair, the onsite manager, the Association president and vice president and board members. The Association only called one witness who failed to refute the strong evidence of the Association’s negligence.

Despite a number of witnesses who were called to testify about the close relationship Mr. Martinez had with his wife and children, the Association argued that they should be awarded less than $250,000.00 in damages for the loss of their husband and father.

Plaintiffs had to convince the jury to not only find both parties liable for Mr. Martinez’s death, but to allocate a significant portion of the responsibility to the Association if they were going to collect on any judgment as Acuna had only $100,000 in insurance. Plaintiffs damages were solely based on noneconomic damages, there was no claim for financial support.

The jury deliberated for approximately one and one half days before reaching a verdict for $6,300,000 and apportioning liability by placing 99.5% of the responsibility for Mr. Martinez’s death on Defendant Whittier Uptown Association and only 0.5% on the driver Defendant Acuna.

Defendant Whittier Uptown Association was represented at trial by Lisa N. Shyer of Proctor, Shyer & Winter, LLP. Defendant Maria Acuna and Luis Silva dba La Bahn Ranch were represented at trial by Peter J. Gates of Gates, O’Doherty, Gonter & Guy, LLP.

Martinez v. Luis Alberto Silva, La Bahn Ranch, Whittier Uptown Association, et al Superior Court of California, County of Los Angeles – South District Case No. BC617733 Honorable Patrick T. Madden

About Panish Shea & Boyle LLP

Panish Shea & Boyle LLP represents plaintiffs in wrongful death, catastrophic personal injury, product liability, product liability, mass torts, and business litigation cases. Firm attorneys are repeatedly recognized for their excellence by other trial attorneys, legal organizations and publications nationwide and have dedicated themselves to obtaining justice for clients who are often dealing with a life-altering injury, death of a family member or other challenges caused by the wrongful act of another. With this mission at the heart of its work, the firm has a proven track record of obtaining significant, and often record-breaking verdicts, including the largest personal injury verdict in United States history ($4.9 billion), a $160.5 million jury verdict for a man who suffered a traumatic brain injury as a result of a vicious beating by security personnel for a nightclub, a $54 million jury verdict for two brothers severely injured in a head-on collision with a big rig, and a $32.5 million verdict for a man who suffered a below the knee amputation after being hit by a tractor trailer. The firm is consistently ranked among the best plaintiff’s law firms in the country, including by U.S. News & World Report, where it has been recognized as a Tier One law firm in the areas of Plaintiffs Personal Injury Litigation and Plaintiffs Product Liability Litigation, as well as by the National Law Journal, which has named the firm in its list of Elite Trial Lawyers. psblaw.com

View source version on businesswire.com:https://www.businesswire.com/news/home/20181012005450/en/

CONTACT: Panish Shea & Boyle LLP

Angela Bailey

bailey@psblaw.com

909-286-4040

KEYWORD: UNITED STATES NORTH AMERICA CALIFORNIA

INDUSTRY KEYWORD: OTHER CONSUMER NATURAL RESOURCES AGRICULTURE PROFESSIONAL SERVICES LEGAL RETAIL FOOD/BEVERAGE CONSUMER

SOURCE: Panish Shea & Boyle LLP

Copyright Business Wire 2018.

PUB: 10/12/2018 03:56 PM/DISC: 10/12/2018 03:56 PM

http://www.businesswire.com/news/home/20181012005450/en

AP RADIO
Update hourly