California Verdicts

Amount:

$8,800,000

Type:

Settlement

State:

California

Venue:

Kern County

Court:

Superior Court of Kern County, Kern

Injury Type(s):

Case Type:

Government – Police, Counties; Motor Vehicle – Speeding, Pedestrian; Civil Rights – Police as Defendant

Case Name:

Michael Shane Jolley, individually and on behalf of minors Michael Shane Jolley, Jr. and Chloe Renee Jolley; Adrian E. Phillips, a minor by and through her guardians ad litem, James O. Clevenger, II and Sherry Renee Clevenger; and the Estate of Chrystal Jolley v. County of Kern, Deputy John Swearengin, and Does 1 to 100, inclusive / Kalob Ace Hiler, a minor, by and through his Guardian ad Litem, Whittney Peaker; Kaden Deuce Hiler, a minor, by and through His Guardian ad Litem, Whittney Peaker; Whittney Peaker, Individually; and the Estate of Daniel Ace Hiler v. County of Kern, Deputy John Swearengin, and Does 1 to 100, inclusive,
No. S-1500-CV-276108; S-1500-CV-276309

Date:

February 28, 2014

Plaintiff(s):

Kalob Hiler (Male, 3 Years), 

Whittney Peaker (Female, 24 Years), 

Arian E. Phillips (Female), 

Kaden Deuce Hiler (Male, 2 Years), 

Chloe Renee Jolley (Female), 

Michael Shane Jolley (Male), 

Estate of Chrystal Jolley (Female, 30 Years), 

Michael Shane Jolley, Jr. (Male), 

Estate of Daniel Ace Hiler (Male, 25 Years)

Plaintiff Attorney(s):

Gary A. Dordick;
Law Offices of Gary A. Dordick;
Beverly Hills,
CA,
for
Arian E. Phillips, Chloe Renee Jolley, Michael Shane Jolley, Estate of Chrystal Jolley, Michael Shane Jolley, Jr. ■ Steve W. Nichols;
Young & Nichols;
Bakersfield,
CA,
for
Arian E. Phillips, Chloe Renee Jolley, Michael Shane Jolley, Estate of Chrystal Jolley, Michael Shane Jolley, Jr. ■ Thomas A. Brill;
Young & Nichols;
Bakersfield,
CA,
for
Arian E. Phillips, Chloe Renee Jolley, Michael Shane Jolley, Estate of Chrystal Jolley, Michael Shane Jolley, Jr. ■ David K. Cohn;
Chain | Cohn | Stiles;
Bakersfield,
CA,
for
Kalob Hiler, Whittney Peaker, Kaden Deuce Hiler, Estate of Daniel Ace Hiler ■ Matthew C. Clark;
Chain | Cohn | Stiles;
Bakersfield,
CA,
for
Kalob Hiler, Whittney Peaker, Kaden Deuce Hiler, Estate of Daniel Ace Hiler

Plaintiff Expert(s):

F. Rudnick;
M.D.;
Psychiatry;
Santa Monica,
CA called by
David K. Cohn, Matthew C. Clark ■ Ted Kobayashi;
M.S.;
Accident Reconstruction;
Livermore,
CA called by
Gary A. Dordick, Steve W. Nichols, Thomas A. Brill ■ Carl Beels;
M.S.;
Ergonomics/Human Factors;
Escondido,
CA called by
Gary A. Dordick, Steve W. Nichols, Thomas A. Brill ■ Rene Castaneda;
P.E.;
Accident Reconstruction;
Fresno,
CA called by
David K. Cohn, Matthew C. Clark ■ Rick Sarkisian;
Ph.D.;
Vocational Rehabilitation;
Fresno,
CA called by
David K. Cohn, Matthew C. Clark ■ David Whitney;
Ph.D.;
Ergonomics/Human Factors;
Berkeley,
CA called by
David K. Cohn, Matthew C. Clark ■ David Dusenbury;

Police Practices & Procedures;
Long Beach,
CA called by
Gary A. Dordick, Steve W. Nichols, Thomas A. Brill ■ Peter Formuzis;
Ph. D.;
Economics;
Santa Ana,
CA called by
Gary A. Dordick, Steve W. Nichols, Thomas A. Brill ■ Naresh Jain;
M.D.;
Toxicology;
Buena Park,
CA called by
David K. Cohn, Matthew C. Clark ■ Tamorah Hunt;
Ph.D.;
Economics;
Santa Ana,
CA called by
Gary A. Dordick, Steve W. Nichols, Thomas A. Brill, David K. Cohn, Matthew C. Clark

Defendant(s):

County of Kern, 

John Swearengin

Defense Attorney(s):

Mark L. Nations;
Office of the County Counsel, Kern County;
Bakersfield,
CA,
for
County of Kern ■ Theresa A. Goldner;
Office of the County Counsel;
Bakersfield,
CA,
for
County of Kern ■ Oliver U. Robinson, Jr.;
Robinson & Kellar;
Bakersfield,
CA,
for
County of Kern, John Swearengin

Defendant Expert(s):

Vina Spiehler;
Toxicology;
Newport Beach,
CA called by
Mark L. Nations, Theresa A. Goldner, Oliver U. Robinson, Jr. ■ David Weiner;
Economics;
Los Angeles,
CA called by
Mark L. Nations, Theresa A. Goldner, Oliver U. Robinson, Jr. ■ Thomas Fugger, Jr.;
Accident Reconstruction;
Valencia,
CA called by
Mark L. Nations, Theresa A. Goldner, Oliver U. Robinson, Jr. ■ Anthony Stein;
Ergonomics/Human Factors;
La Canada,
CA called by
Mark L. Nations, Theresa A. Goldner, Oliver U. Robinson, Jr.

Insurer(s):

Starr Indemnity & Liability Co. for County of Kern

On Dec. 16, 2011, plaintiffs’ decedents Chrystal Jolley, an unemployed 30 year old, and Daniel Hiler, 25, an oil field laborer, were pushing a motorcycle on Norris Road, East of Diane Drive in Bakersfield. At 7:30 p.m., they were both fatally struck by a patrol vehicle operated by Kern County Sheriff’s Deputy John Swearengin. Swearengin’s criminal trial is pending. Crystal Jolley’s husband, Michael Jolley, and the decedent’s three minor children, Michael Shane Jolley Jr., Chloe Jolley and Adrian Phillips, sued Swearengin and Swearengin’s employer, the county of Kern. Daniel Hiler’s fiancée, Whittney Peaker, and the decedent’s and two minor children, Kalob Hiler and Kaden Hiler, filed a separate suit again Swearengin and the county of Kern. The matters were ultimately consolidated. The decedents’ families alleged that Swearengin was negligent in the operation of the patrol vehicle and that the county was vicariously liable for Swearengin’s actions. Plaintiffs’ counsel noted that the California Highway Patrol reports found that neither decedent was at fault for the accident because, while the area they were crossing was not a crosswalk, they were legally allowed to cross at the subject location because there was no adjacent crosswalks with traffic control signals. Counsel contended that Swearengin was traveling without his emergency lights or sirens activated, and that Swearengin was driving so fast that he was outrunning his headlights. Counsel also contended that, according to CHP reports and Swearengin’s deposition, Swearengin told investigators that he took his eyes off the road as he reached for his radio to ask permission to activate the car’s lights and sirens and that a large drink cup was in the way, but that when he looked up, he saw the motorcycle. Plaintiffs’ counsel asserted that Swearengin was traveling in excess of 80 mph, in a 45 mph zone on westbound Norris Road, when he struck and killed the decedents, who were lawfully crossing the street in an unmarked crosswalk. Counsel also contended that the location of the collision was in a largely residential area and that Swearengin later confirmed that he knew the area to often times be busy with pedestrian traffic. Thus, plaintiffs’ counsel asserted that Swearengin violated both the California Vehicle Code and the Kern County Sheriff’s Department policies by driving his patrol car nearly twice the posted speed limit. Defense counsel contended that Swearengin was responding to a call of a stolen vehicle when the crash occurred. Swearengin admitted he was not using his lights or sirens at the time of the accident, and he claimed he does not know if he was going faster than the speed limit. Swearengin also claimed he applied his brakes about a half second before impact and that his speed was about 60 mph when he hit the decedents. In addition, defense counsel asserted that Daniel Hiler was intoxicated at the time he decided to cross the street and that his intoxication contributed to the collision.

Chrystal Jolley and Daniel Hiler sustained multiple traumatic injuries and ultimately died from the impact. Chrystal Jolley was 30 years old and Daniel Hiler was 25 years old. Jolley is survived by her husband and three children, ages 7 to 13. Hiler is survived by his fiancée and two young children, who are now ages 2 and 3. Jolley’s family suffered no loss of income, as her husband was the breadwinner for the family. However, her family sought recovery of wrongful death damages for the husband’s loss of consortium and society, and for the children’s loss of love, support, guidance and training of their father. Whittney Peaker is the natural mother of Hiler’s two children and was engaged to Hiler at the time of his death. Peaker claimed she and her children were financially dependent on Hiler. She also claimed that by all accounts, Hiler was an excellent father, who loved his children very much. She alleged that he not only provided for all of his children’s financial needs, but he fulfilled their emotional needs as well. However, Peaker claimed that at their young ages, her children will never experience the support and guidance from their father as they grow from toddlers to children and from children to young adults. Peaker further claimed she had to seek counseling after Hiler’s death and had her last name officially changed by court order to "Hiler." She described Hiler as the love of her life, her best friend, the father of her children, and the husband she desired. Hiler’s family sought recovery of wrongful death damages. They sought $88,913 for the past loss of Hiler’s earnings and $1,731,902 for the present value future loss of Hiller’s earnings through the year 2051. The family’s initial claim of past and future loss of home services was reduced based upon published statistics for personal consumption. Accordingly, they sought recovery of $28,954 for past loss of home services and $407,085 for the present value of future home services through Hiler’s life expectancy (until Dec. 31, 2063). Thus, the family’s claim of loss of financial support totaled $2,232,544. In addition, they sought recovery of an unspecified amount of damages for Hiler’s children’s loss of love, support, guidance and training of their father.

The attorneys for the Jolley family filed a motion under California Code of Civil Procedure § 36 for an expedited trial date since the Jolley children were minors. As a result, the case was set for March 3, 2014. However, after the court denied defense counsel’s motion for continuance, the case settled on the Friday before the civil trial. The plaintiffs ultimately agreed to accept an $8.8 million settlement from the county. Swearengin did not contribute to the settlement, as he is awaiting a criminal trial. Of the total settlement, Hiler’s family will receive $4.8 million and Jolley’s family will receive $4 million.

Judge:

Sidney P. Chapin

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