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case updates:

CAR TRANSPORT TRACTOR-TRAILER ALLEGEDLY FAILED TO YIELD: May 12,2004

SETTLEMENT: $2,000,000

CASE: Alice Hartzell, individually, and as Guardian ad Litem for Sarah Hartzell, a minor; Steffen Hartzell; and Monica Hartzell v. Unnamed Trucking Co., Unnamed Transport Co. and John Roe, No. BC 295490

COURT: Superior Court of Los Angeles County, Central, CA

JUDGE: Fumiko H. Wasserman

DATE: 3/16/2004

PLAINTIFF ATTORNEY(S): Ned Good, Good, West & Schuetze, Pasadena, CA (Alice Hartzell, Sarah Hartzell) Joseph P.Scully, Law Offices of Joseph P.Scully, Los Angeles, CA (Monica Hartzell, Steffen Hartzell) Mark West, Good, West & Schuetze. Pasadena, CA (Alice Hartzell, Sarah Hartzell)

DEFENSE ATTORNEY(S): Robert A. Morgenstern, Maranga * Morgenstern, Woodland Hills, CA Stephen E.Hyam, Maranga * Morgenstern, Woodland Hills, CA

FACTS & ALLEGATIONS: On August 2, 2002, plaintiff's decedent Robert Hartzell, an elec-trician, was driving his 1990 Mitsubishi Montero northbound on Harbor Boulevard in Oxnard. At the same time, the unnamed driver, who was an employee of the defendant trucking company, a wholly owned subsidiary of the port tractor-trailer and was the second truck in a convoy of three trucks. As Hartzells vehicle was entering a traffic-signal controlled intersection of Harbor and Fifth street, the defendant driver attempted to make a left turn onto Fifth.


Hartzells vehicle and the tractor-trailer collided, killing Hartzell.
Hartzells wife, Alice; his minor daughter, Sarah; and two adult children from a previous marriage, Steffen and Monica, sued the truck driver, the trucking company and the transport company, alleging vehicular negligence and wrongful death.
The Hartzells contended that the defendant driver was negligent in the operation of his vehicle and failed to yield the right-of-way to the decedent when the defendant driver attempted to make his left turn. The Hartzells asserted that the decedent was not speeding prior to the accident. The defense contended that the defendant driver had a green arrow allowing him to legally make his left turn, which gave him the right-of-way. The defense also maintained that the decedent was speeding.

INJURIES/DAMAGES death: The Hartzells claim-ed damages for the wrongful death of their 42-year old husband and father.

RESULT: The Hartzells settled their claim for the defendant's fully policy limits of $2 million.

DEMAND: $2,000,000 policy limits

OFFER: Acceptance of demand

INSURER(S): Liberty Mutual Insurance Co. for all three defendants

EXPERT(S): None reported


EDITOR'S NOTE:
The anonymity of the defendants has been respected at the request of counsel.

Randy Stewart

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