Result: Verdict, $23,998,043
Speeding ambulance crash
Alameda County Superior Court
Sept. 26, 2008
Louis Del Barba, an 83-year-old farmer, stopped at a stop sign before attempting to make a left turn onto Highway 4 in Oakley, California. At the same time, an American Medical Response ambulance was heading eastbound on Highway 4 in response to an emergency call. Although witnesses testified that the lights on the ambulance were flashing and the sirens blaring, Mr. Del Barba did not hear or see the ambulance before pulling out in front of it. The two vehicles collided. Mr. Del Barba was rendered a quadriplegic.
The O'Reilly Law Firm represented Mr. Del Barba at trial. American Medical Response argued that its driver had the right of way because Del Barba had a stop sign, and the ambulance did not; because emergency vehicles are not bound by the rules of the road; and because Del Barba was obligated to yield to the ambulance. The ambulance company also presented witnesses who testified that, immediately after the accident, Del Barba said he was sorry and admitted that the accident was his fault.
The O'Reilly Law Firm located witnesses who were not near the scene of the accident but were on the ambulance's path of travel. They testified that, contrary to the ambulance driver's testimony, the ambulance was traveling at a shocking speed. Ultimately, The O'Reilly Law Firm proved to the jury that the ambulance was travelling at 65 miles per hour, that the speed limit in the vicinity of the accident was 35 miles per hour, and that the excessive speed was reckless and unnecessary even for an ambulance. Plaintiff's experts demonstrated that Del Barba stopped at the stop sign but was simply unable to react to the ambulance barreling down the highway and avoid the collision. The evidence also showed that, given Del Barba's severe injuries, it was very unlikely after the accident that he would have been able to speak, let alone admit liability, for the crash as defendants' witnesses contended.
The jury determined that the ambulance company was at fault for the accident, and that Mr. Del Barba had a right to have his medical bills paid and to have his home remodeled to accommodate his medical needs so that he would not be confined to a hospital for the rest of his life. The jury awarded Del Barba $23,998,043.
