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Featured Truck v. Motorcycle Settlement

Mario Rodas, et al. v. Performance Team LLC, et al. (Riverside County Super Ct. No. RIC1804978): On August 12, 2021 the defendants in a wrongful death action agreed to the terms of a $3.9 million settlement stemming from an accident where a 20 year old motorcyclist was killed after being hit by a truck. The parents of the decedent alleged that truck driver Luiz Lopez negligently operated his truck that day by failing to use his turn signal and did not keep up the maintenance on the truck since it had a broken convex mirror and was missing a fender mirror. Plaintiffs alleged that Performance Team was vicariously liable for the actions of its truck driver employee, and further alleged that A-Cone-Zone and Fulmer Construction created a dangerous condition at the intersection in question due to their negligent placement of cones. Defendants argued that decedent was impaired at the time of the accident, since a toxicology report found traces of THC in his system, and that he operated his motorcycle negligently by speeding and making an improper passing maneuver by passing on the right side of the truck in a right-turn-only lane. Plaintiffs were represented by Marcereau & Nazif.