ON November 22, 2009 at about 5am, Michael and Shannon Asam were travelling with their young children, Brennan (14 yrs old), Blaine (11) and Kylie (9) on their way to Oregon to visit relatives for Thanksgiving. Michael Asam was driving a GMC Yukon pulling a utility trailer containing motorcycles and gasoline.
Michael Asam reportedly hit debris on the road, pulled off the freeway to park on the shoulder, and slammed into the back of an 18-wheeler truck already parked on the shoulder. Michael, Shannon, and Brennan were pinned underneath their mangled vehicle. The two youngest children, Blaine and Kylie, managed to escape through a broken rear window. They tried to open the door to get their mother out but could not do it. Meanwhile, a fire started in the engine compartment of the Yukon and began to spread.
Several minutes later, the children were able to flag down a driver on the highway who also tried to free their mother from the wreckage. The driver used a fire extinguisher and shoveled dirt from the shoulder of the road onto the engine to try to put out the fire. He also made two emergency calls for help. Several minutes passed and the fire became out of control. Michael, Shannon, and Brennan burned to death in the wreckage, while Blaine and Kylie watched.
Blaine and Kylie sued the driver of the truck, Rudolph Ortiz, and his employer, Bhandal Bros. Trucking. They alleged that Ortiz was negligently and illegally parked on the shoulder of the 210 freeway. He had pulled over the shoulder and ignored written warnings that stopping there was allowed only in emergencies. He did not turn on his trailer lights or emergency reflectors.
During the investigation, Ortiz gave three different reasons for why he had pulled his 18-wheeler off the 210 freeway and parked on the side. At first, he said he pulled over to sleep. Later, when interviewed by California Highway Patrol (CHP) officers, he said he had pulled over to urinate. At trial, he claimed that he stopped to take medication for a severe headache, which could be considered an emergency. Also noted during trial was that while the children were desperately trying to save their mother, Ortiz did not get out of his truck.
Ortiz and the trucking company countered that the California Highway Patrol officers found no debris on the road which would have caused Michael Asam to stop and use the shoulder. They claimed that Michael actually fell asleep on the wheel, ran off the roadway, and collided with the truck. However, one of the Yukon’s tires was dented, and the children’s attorney presented this as proof that the Yukon had hit something.
After a 25-day trial, the jury deliberated for four days and found that the truck driver was negligent for parking on the side of the freeway in the early morning darkness without turning on any light or emergency reflector. His employer, Bhandal Bros. Trucking, was found jointly liable. It awarded $8.75 million for pain and suffering to Blaine Asam, $112 million for pain and suffering to Kylie Asam, and $30 million to Kylie for past and future emotional distress. (The jury also found Michael Asam negligent, but concluded that his actions were not a substantial factor in causing his family’s deaths.)
Blaine’s share of the damages will go to Kylie as his successor in interest. Blaine committed suicide on his mother’s birthday, and before the trial began.
Kylie Asam now lives with her aunt and uncle in Orange County. Any award money she receives from the case will be placed in a trust until she is 18.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and employers. He has been selected as a Super Lawyer by the Los Angeles Magazine, and is a member of the Million Dollar-Advocates Forum – a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the following areas: wage and hour (overtime) litigation, serious personal injuries, wrongful death, insurance claims, and unfair business practices. His law firm is currently class counsel to thousands of employees seeking payment of wages in California courts. You can visit his website at www.joesayaslaw.com or contact his office by telephone at (818) 291-0088. Inquiries to his law office are welcome and at no cost.