Vol. 54 No. 1

Trial Magazine

Verdicts & Settlements: Motor Vehicle Liability

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Dust Cloud From Orchard Leads to Vehicle Collision

January 2018

Jose Soledad Aceves-Cuellar, a laborer, was driving home from work on a two-lane highway. Dust coming from a walnut orchard owned by Tos Farms moved over the highway, engulfing the roadway and resulting in zero visibility. As a result, four cars collided, including Aceves-Cuellar’s. His vehicle was crushed between a school bus and a semi-tractor and remained trapped for 45 minutes until firefighters extricated him from his SUV.

Aceves-Cuellar, 61, underwent extensive medical treatments, including bilateral leg amputations. His condition deteriorated, and he died of his injuries 31 days after the incident. He is survived by his wife and eight adult children.

Aceves-Cuellar’s estate sued Tos Farms, alleging its walnut harvesting operations created a heavy dust cloud that led to the four-car pileup. The plaintiff also alleged that the driver of the semi-tractor had failed to avoid the collision and that the companies that had leased the vehicle to the driver failed to adjust its brakes. Finally, suit claimed that the school bus driver had negligently slammed on her brakes and failed to use extreme caution when operating a commercial vehicle.

The parties settled for $2.25 million. Tos Farms paid $1.35 million, the driver of the semi-tractor paid $750,000, and the semi-tractor’s owner and the school bus transportation company each paid $75,000.

Citation: Avila v. Tos Farms, No. 16 CE CG 00086 (Cal. Super. Ct. Fresno Cnty. Mar. 13, 2017).

Plaintiff counsel: Douglas L. Gordon and Aida S. Macedo, both of Fresno, Calif.

Plaintiff experts: Rene Castaneda, engineering, Fresno; Michelle Hoffman, injury analysis, Tempe, Ariz.; and Antonio Avalos, economics, Clovis, Calif.