California Verdicts

Plaintiff(s):

Derek Kapell (Male, 23 Years), 

Marcie Kapell (Female, 42 Years), 

Estate of William Kapell (Male, 41 Years)

Plaintiff Attorney(s):

Luke Ellis;
Gillin, Jacobson, Ellis, Larsen & Lucey;
Orinda,
CA,
for
Derek Kapell, Marcie Kapell, Estate of William Kapell

Plaintiff Expert(s):

Mark Shattuck;
Ph.D.;
Accident Reconstruction;
Woodside,
CA called by
Luke Ellis ■ Paul Kayfetz;

Photographic Analysis;
Bolinas,
CA called by
Luke Ellis ■ Rene Castaneda;
P.E.;
Engineering;
Fresno,
CA called by
Luke Ellis ■ Margo Ogus;
Ph.D.;
Economics;
Palo Alto,
CA called by
Luke Ellis ■ William Kunzman;
P.E.;
Engineering;
Orange,
CA called by
Luke Ellis

Defendant(s):

Randall Enos, 

Larry J. Enos, 

R&S Harvesting LLC, 

5 Star Vineyard LLC, 

Natividad Tello Clark, 

Byron Bethany Irrigation District

Defense Attorney(s):

Christopher J. Beeman;
Clapp Moroney | Bellagama Vucinich | Beeman Scheley;
Pleasanton,
CA,
for
Randall Enos, Larry J. Enos, R&S Harvesting LLC, Natividad Tello Clark ■ Charles J. Schmitt;
Ford, Walker, Haggerty & Behar, LLP;
Long Beach,
CA,
for
Byron Bethany Irrigation District ■ None reported;

for
5 Star Vineyard LLC

Insurer(s):

Joint Powers Insurance Authority for Byron Bethany Irrigation District
Starr Indemnity & Liability Co. (excess) for Byron Bethany Irrigation District
Oregon Mutual Insurance Co. for R&S Harvesting LLC, Natividad Clark, Randall Enos and Larry Enos (Byron Bethany Irrigation District an additional named insured)

On Nov. 15, 2012, at approximately 4:15 p.m., plaintiffs’ decedent William Kapell, 41, a journeyman sheet metal worker, was riding his motorcycle on eastbound Bruns Road, in Byron, when he was involved in a collision with a farm tractor operated by Natividad Clark, an employee of R&S Harvesting LLC. Kapell sustained blunt force trauma and died at the scene. The decedent’s wife, Marcie Kapell, and son, Derek Kapell, sued Clark; the owner of the tractor and Clark’s employer, R&S Harvesting LLC; the believe owners of R&S Harvesting LLC, Randall and Larry Enos; a vineyard believed to be located near the accident, 5 Star Vineyard LLC; and the owner and lessor of an agricultural field adjacent to where the accident occurred, Byron Bethany Irrigation District. The decedent’s wife and son alleged that Clark was negligent in the operation of the farm tractor and that R&S Harvesting, Randall Enos and Larry Enos were liable for Clark’s actions while in the course and scope of his employment at the time of the accident. They also alleged 5 Star Vineyard and Byron Bethany Irrigation District created a dangerous condition of public property. Larry Enos and 5 Star Vineyard were ultimately dismissed from the case. Plaintiffs’ counsel asserted that Clark, while operating the farm tractor, was attempting to enter and fertilize the agricultural field owned by Byron Bethany Irrigation District, but negligently turned in front of the decedent’s motorcycle. Counsel contended the tractor was pulling a fertilizer spreader and that the decedent, while traveling at or around the speed limit of 55 mph, could not avoid the collision. Plaintiffs counsel asserted that Byron Bethany Irrigation District, as owner of the field, failed to provide access for the tractor to fertilize the field, forcing Clark to cut across Bruns Road. Clark claimed he slowed, put his turn signal on, and then slowly turned across the road into the field. He also claimed that he looked for oncoming traffic, but did not see the decedent’s motorcycle until the moment of the collision. Byron Bethany Irrigation District claimed that it did not have a duty to provide specific access to the field and that it was not liable for the accident involving the tractor and motorcycle. Defense counsel noted that although the officer that prepared the California Highway Patrol report found that the primary collision factor was the failure of Clark to yield the right of way, the officer also found that the decedent’s speed was excessive for the subject road conditions and was an associated cause of the accident. Counsel also presented an eyewitness who claimed that about a mile before the collision, the decedent’s motorcycle passed her traveling at approximately 60 mph. Thus, defense counsel asserted that the decedent was at least partially to blame for the accident.

William Kapell sustained blunt force trauma and died at the scene. He died on Nov. 15, 2012. He was 41. The decedent is survived by his wife, Marcie Kapell, age 42, an accounting specialist, and an adult son, Derek Kapell, age 23, a salesperson. The decedent’s wife and son lived with the decedent up until the day of his death and they each claimed to have had extraordinarily close relationships with the decedent. Mrs. Kapell claimed that she and her husband were high school sweethearts who spent every free moment together on their ski boat or riding motorcycles. The decedent’s son claimed he considered his father his best friend, which was verified by friends, family and work colleagues. Plaintiff’s counsel contended that the decedent refused to work overtime so that he could devote more time to his wife and son, both of whom wept openly during their deposition testimony. Thus, the decedent’s wife and son sought recovery of non-economic wrongful death damages for the loss of the decedent’s care, comfort and society. They also sought recovery of $3,427,000 for their total economic loss due to the decedent’s death, which consisted of $235,000 in past economic damages and $3,192,000 in future economic damages. Defense counsel disputed the amount of the plaintiffs’ alleged damages, contending that the current value of the decedent’s total economic loss was $1.49 million, after factoring in consumption.

The parties agreed to a $6,225,000 settlement, which was finalized via the guidance of mediator Michael Ney, of Judicate West. Of the total settlement, Marcie Kapell was allotted $4,668,750 and Derek Kapell was allotted $1,556,250. The settlement was paid by R&S Harvesting, which tendered its $6 million insurance policy limits (on behalf of itself, Natividad Clark and Randall Enos), and Byron Bethany Irrigation District, which paid $225,000.

Judge:

Steven K. Austin

Michael Ney

This report is based on information that was provided by plaintiffs’ counsel, and counsel for R&S Harvesting LLC, Natividad Clark, Randall Enos and Larry Enos. Counsel for Byron Bethany Irrigation District did not respond to the reporter’s phone calls.