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Family claimed motorist dozed off, fatally striking bicyclist

Amount:

$15,771,234

Type:

Verdict-Plaintiff

State:

California

Venue:

San Diego County

Court:

Superior Court of San Diego County, San Diego

Injury Type(s):

other-death; other-loss of society; other-multiple trauma; other-loss of parental guidance

Case Type:

Wrongful Death; Motor Vehicle – Bicycle, Lane Change, Driver Fatigue

Case Name:

Amy Ringdahl, Cayman Ringdahl, Cole Ringdahl and Tyra Soleil Ringdahl v. Alvarado Hospital Medical Center Inc. and Rafael Garcia,
No. 37-2013-00074300-CU-PO-CTL

Date:

March 25, 2015

Parties

Plaintiff(s):

Amy Ringdahl (Female), 

Cole Ringdahl (Male, 9 Years), 

Cayman Ringdahl (Male, 5 Years), 

Tyra Soleil Ringdahl (Female, 8 Years), 

Estate of Eric Ringdahl (Male, 45 Years)

Plaintiff Attorney(s):

Craig R. McClellan;
The McClellan Law Firm;
San Diego,
CA,
for
Amy Ringdahl, Cole Ringdahl, Cayman Ringdahl, Tyra Soleil Ringdahl, Estate of Eric Ringdahl ■ Robert J. Chambers, II;
The McClellan Law Firm;
San Diego,
CA,
for
Amy Ringdahl, Cole Ringdahl, Cayman Ringdahl, Tyra Soleil Ringdahl, Estate of Eric Ringdahl

Defendant(s):

Rafael Garcia, 

Alvarado Hospital LLC

Defense Attorney(s):

Robert L. McKenna, III;
Carroll, Kelly, Trotter, Franzen & McKenna;
Long Beach,
CA,
for
Alvarado Hospital LLC ■ Joshua D. Bordin-Wosk;
Bremer Whyte Brown & O’Meara, LLP;
Newport Beach,
CA,
for
Rafael Garcia

Insurer(s):

21st Century Insurance for Rafael Garcia

Facts:

At around 7:30 a.m. on Sunday, April 21, 2013, plaintiffs’ decedent Eric Ringdahl, 45, a director of sales for a biotech company, was bicycling with a friend in the bicycle lane of El Camino Real, in Carlsbad. At the same time, a vehicle operated by Rafael Garcia drifted out of his lane and into the bicycle lane. Garcia’s vehicle subsequently struck Ringdahl, causing multiple traumatic injuries. Ringdahl ultimately died at the scene. The decedent’s wife (Amy Ringdahl) and three minor children (Cayman Ringdahl, Cole Ringdahl and Tyra Soleil Ringdahl) sued Garcia and Alvarado Hospital LLC (which was initially sued as Alvarado Hospital Medical Center Inc.). Alvarado Hospital ultimately settled out of the case confidentially, and the matter continued against Garcia only. Plaintiffs’ counsel contended that Garcia was negligent in the operation of his vehicle. Specifically, counsel contended that Garcia probably dozed off while driving, causing him to go off the road and into the bicycle lane, where he struck the decedent. Garcia initially claimed another vehicle was tailgating him, causing him to be distracted. However, on the day before trial, Garcia admitted liability.

Injury:

Eric Ringdahl sustained multiple traumatic injuries and ultimately died at the scene. He is survived by his wife, Amy Ringdahl, and their three children, Cole, age 9; Tyra Soleil, age 8; and Cayman, age 5. Plaintiffs’ counsel noted that the decedent was director of sales for Cytori Therapeutics Inc., a biotech company based in San Diego. Counsel also noted that the decedent was married to his wife for 12 years and that Amy Ringdahl took care of the children full time. However, plaintiffs’ counsel contended that the decedent was very involved in his children’s lives. The Ringdahl family claimed that they were a close and very loving family who, together, participated in sports, girl scouts, YMCA, music, and boating. They also claimed they often went to church together and went on vacations together. Thus, plaintiffs’ counsel asked the jury to award the Ringdahl $22 million in wrongful death damages. Garcia’s counsel challenged the alleged amount of damages, arguing that the amount was unreasonable and excessive.

Result:

The jury awarded the family $15,771,234, which included roughly $2.5 million in non-economic damages for each child, $4 million in non-economic damages for the decedent’s wife, Amy Ringdahl, and $4.3 million in economic damages for the family’s loss of the decedent’s support. According to plaintiffs’ counsel, Garcia’s insurer failed to tender Garcia’s $15,000 policy limits and, therefore, will be liable for excess judgment over the policy limits. However, Garcia’s counsel claimed that Garcia’s $15,000 policy limits were offered immediately upon notification of the plaintiffs’ claim, but that the offer to tender the policy was not accepted by the plaintiffs. Thus, Garcia’s counsel disputed that the insurer is liable for any portion of the judgment in excess of the policy limits.

Trial Information:

Judge:

Richard E.L. Strauss

Editor’s Comment:

This report is based on information that was provided by plaintiffs’ counsel and Garcia’s counsel. Counsel for Alvarado Hospital did not respond to the reporter’s phone calls.