California Verdicts

Plaintiff(s):

Jessie Jewitt (Female), 

Denis Le Moullac (Male), 

Estate of Amelie Le Moullac (Female, 24 Years)

Plaintiff Attorney(s):

William L. Veen;
The Veen Firm, P.C.;
San Francisco,
CA,
for
Jessie Jewitt, Denis Le Moullac, Estate of Amelie Le Moullac ■ Anthony L. Label;
The Veen Firm, P.C.;
San Francisco,
CA,
for
Jessie Jewitt, Denis Le Moullac, Estate of Amelie Le Moullac ■ Micha Star Liberty;
Liberty Law Offices;
Oakland,
CA,
for
Jessie Jewitt, Denis Le Moullac, Estate of Amelie Le Moullac ■ Jeremy D. Cloyd;
The Veen Firm, P.C.;
San Francisco,
CA,
for
Jessie Jewitt, Denis Le Moullac, Estate of Amelie Le Moullac ■ Shannon E. McClure;
Liberty Law Offices;
Oakland,
CA,
for
Jessie Jewitt, Denis Le Moullac, Estate of Amelie Le Moullac

Plaintiff Expert(s):

V. Herbert;
C.P.S.A.;
Trucking Industry;
Quincy,
CA called by
William L. Veen, Anthony L. Label, Micha Star Liberty, Jeremy D. Cloyd, Shannon E. McClure ■ Mark Shattuck;
Ph.D.;
Accident Reconstruction;
Woodside,
CA called by
William L. Veen, Anthony L. Label, Micha Star Liberty, Jeremy D. Cloyd, Shannon E. McClure ■ Rene Castaneda;
P.E.;
Accident Reconstruction;
Fresno,
CA called by
William L. Veen, Anthony L. Label, Micha Star Liberty, Jeremy D. Cloyd, Shannon E. McClure

Defendant(s):

Daylight Foods Inc., 

Norcal Truck Leasing, 

Peterbilt of Reno/Sparks, 

Gilbert Oriheula Alcantar, 

Peterbilt Truck Parts & Equipment

Defense Attorney(s):

Kevin S. Taylor;
Taylor | Anderson LLP;
Denver,
CO,
for
Daylight Foods Inc. ■ Brent D. Anderson;
Taylor | Anderson LLP;
Denver,
CO,
for
Daylight Foods Inc. ■ Ronald C. Lenert;
Taylor | Anderson LLP;
San Diego,
CA,
for
Daylight Foods Inc. ■ None reported;

for
Norcal Truck Leasing, Peterbilt of Reno/Sparks, Gilbert Oriheula Alcantar, Peterbilt Truck Parts & Equipment

Defendant Expert(s):

Clay Campbell;
Accident Reconstruction;
Livermore,
CA called by
Kevin S. Taylor, Brent D. Anderson, Ronald C. Lenert ■ Roman Beck;
Bicycles (Parks & Recreation);
San Diego,
CA called by
Kevin S. Taylor, Brent D. Anderson, Ronald C. Lenert

On Aug. 14, 2013, plaintiff Amelie Le Moullac, 24, was wearing a helmet and riding her bicycle east in a designated bike lane on Folsom Street, in San Francisco, when she was struck by a delivery truck operated by Gilberto Alcantar, who was turning right from Folsom Street onto Sixth Street. Le Moullac received medical treatment at the scene, but died at a hospital approximately one hour later. The San Francisco Police Department initially found Le Moullac at fault for the collision for overtaking Alcantar’s vehicle on the right. However, Alcantar was ultimately cited by the police department after the San Francisco Bicycle Coalition located surveillance video showing Alcantar hitting Le Moullac with the front of his truck. At the time of her deposition over a year later, the investigating police officer still maintained the collision was Le Moullac’s fault. Le Moullac’s parents, Denis Le Moullac and Jessie Jewitt, sued Alcantar and Alcantar’s employer, Daylight Foods Inc. Amelie Le Moullac’s parents alleged that Alcantar was negligent in the operation of his delivery truck and that Daylight Foods was vicariously liable for Alcantar’s actions. Norcal Truck Leasing, Peterbilt of Reno/Sparks and Peterbilt Truck Parts & Equipment were later added to suit as defendants for negligent provision of unsafe equipment. However, the companies were ultimately dismissed before trial. Accordingly, the matter only continued against Daylight Foods for the negligence of Alcantar. Plaintiffs’ counsel argued that Alcantar was negligent for failing to ensure that it was safe before making the right turn. Counsel contended that Alcantar should have merged into the bike lane before turning, instead of turning across it. Alcantar claimed he had observed and passed Le Moullac earlier on Folsom Street, but that he did not see her when he checked his mirrors to turn onto Sixth Street. Defense counsel argued that Amelie Le Moullac was solely responsible for her own death by unsafely attempting to pass Alcantar on the right while he was turning. Counsel also argued that Le Moullac was distracted by her use of earbuds and an iPod, which were found at the scene. Thus, defense counsel argued that the burden was on Le Moullac to protect herself at intersections.

Amelie Le Moullac received medical treatment at the scene, but died at a hospital approximately one hour later on Aug. 14, 2013. She is survived by her parents, Denis Le Moullac and Jessie Jewitt. The decedent was unmarried and had no children at the time of her death. The decedent’s parents lived on separate continents after they separated when Amelie Le Moullac was seven years old. As a result, the decedent was raised by her mother in California while her father resided in France. (The decedent did not live with either parent at the time of her death.) However, in order to show the substantial loss to the father, plaintiffs’ counsel presented evidence of Amelie Le Moullac’s trips to France to see her father and of their constant communications since childhood. Plaintiffs’ counsel presented evidence that the decedent was unique, or an outlier, in terms of the degree of emotional support she provided to both of her parents. Witnesses also testified that the decedent was the glue that held the family together and that the decedent was the daughter that would have cared for her parents as they aged. Thus, the decedent’s parents sought recovery for the loss of their daughter’s love, companionship, comfort, care, assistance, protection, affection, society, moral support, emotional support, counsel, encouragement, inspiration, and guidance. They did not seek economic damages.

The jury found that Alcantar was 100 percent negligent and that his negligence was a substantial factor in causing harm to the decedent’s parents. It also found that Amelie Le Moullac was not negligent. The jury determined that the damages suffered by the decedent’s parents totaled $4 million, including $3 million to Jewitt and $1 million to Mr. Le Moullac.

Jessie Jewitt: $155,000 Wrongful Death: Past Loss Of Society Companionship; $2,845,000 Wrongful Death: Future Loss Of Society Companionship; Denis Le Moullac: $86,000 Wrongful Death: Past Loss Of Society Companionship; $914,000 Wrongful Death: Future Loss Of Society Companionship

Judge:

Newton J. Lam

Demand:

$3 million (C.C.P. § 998) each for Mr. Le Moullac and Jewitt

Offer:

$1,000,001 (C.C.P. § 998) each to Mr. Le Moullac and Jewitt

Trial Length:

18
 days

Trial Deliberations:

3
 days

This report is based on information that was provided by plaintiffs’ counsel. Defense counsel did not respond to the reporter’s phone calls.