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$2.5 Million: Jury Verdict -- Wrongful Death Case

Two adult daughters win record wrongful death verdict in Tuolumne County.

Attorney: John N. Demas; Clients: Rosa S. & Leticia H.; County: Tuolumne

John N. Demas represented the two sisters (Rosa S. & Leticia H.) in a wrongful death case. The case arose from a motor-vehicle collision on Highway 12 in Tuolumne County. The driver of the vehicle was Pedro H, 76. His wife, Mrs. H, was a passenger. The vehicle was travelling east-bound on Highway 12, when a tractor-trailer rig operated by an employee of Diestel Turkey Ranch, pulled out of a Diestel farm and turned right on Highway 12. Pedro H.’s vehicle struck the left side of the tractor-trailer rig. The impact killed Mrs. H and seriously injured Pedro H.  Six months later, Pedro H. died of a heart attack.

The CHP investigated the collision and determined that 100% of the fault rested with Pedro H. The defense in the case argued that Pedro H. should have seen the Diestel truck and had plenty of time to slow down to avoid the collision. The defendants refused to offer any money to settle the case. The case was originally handled by an attorney at a small firm in Sacramento, who referred the case to attorney John Demas only six weeks before trial.

As soon as Mr. Demas reviewed the file, he knew the CHP officer’s investigation was not thorough or accurate. Mr. Demas realized the case posed many challenges, since it was also tried in a very conservative county, and Diestel Turkey was one of the most prominent employers in the County.  Mr. Demas decided that a new approach and strategy were in order. With the CHP finding Pedro H. at fault, he had to not only show that the investigation was not thorough, but more importantly investigate the safety of Diestel Turkey and the training of their drivers. Mr. Demas hired a private investigator to stake out at the exit where the collision happened and videotape a Diestel driver making a proper and safe turn (without swinging wide and only taking 3-4 seconds) from the ranch exit.

The Diestel Turkey attorneys were confident they would prevail at trail. Even after Mr. Demas’ involvement they did not offer any money to Leticia & Rosa. Mr. Demas was confident that a jury would properly evaluate the evidence, and the case proceeded to trial. The trial was hotly contested and the turning point was the introduction of the video from the investigator.  The Diestel safety director testified that the only way to complete the turn was to swing wide and take 10-12 seconds. The video directly contradicted this testimony and the jury felt the turn made by the Diestel driver on the night of the collision was unsafe.

After a three week trial and five days of deliberation, the jury returned a verdict of over $2,500,000 for Leticia and Rosa, and found Diestel and its driver 70% at fault for causing the collision. This was a record-breaking verdict in Tuolumne County. 

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