Verdict Amount:
$1,260,000

$450,000 to David Thomas and $450,000 to Ruth Thomas for death of
daughter; $85,000 for Stephanie’s personal injury claim and
$275,000 for her emotional distress claim.

Case Name:
David Thomas, et al., v. Eric Rueckert

Case Number:
Ventura County Superior Court Case No. 118655

Plaintiffs:
David Thomas, Ruth Thomas, Stephanie Thomas

Defendants:
Eric Rueckert

Facts and Background:
On November 30, 1990, defendant driver, age 17, was southbound on
Valley Vista Drive in Ventura County. Decedent Melanie Thomas,
age 14, sat in the left rear seat. Plaintiff Stephanie Thomas,
age 17, sat in the right rear seat next to her boyfriend, Jason
Wallace, who was seated in the middle. Defendant was taking
Melanie and her friend Alyssia, who was seated in the front, to a
friend’s surprise birthday party.

After getting lost in a residential neighborhood, defendant began
speeding down a winding dark street. He lost control of his car
as he sped around a curve and slid off the right side of the
road, flipping over. The left rear passenger side of the car
crashed into a cement/brick pillar, crushing Melanie. She was
later pronounced dead at the hospital from massive internal
injuries. Stephanie suffered various physical injuries and saw
her sister, Melanie, hanging upside down in the overturned car
after the accident.

Plaintiffs’ Contentions Regarding Liability:
Plaintiffs alleged that defendant was negligent for speeding and
failing to control his car. Plaintiffs argued negligence per se
for various vehicle code violations.

Defendant’s Contentions Regarding Liability:
Defendant contended that he was not speeding, was maintaining
proper control and was on a "mission impossible" to get the two
girls to the birthday party on time. Defendant could not offer an
explanation for why the accident happened and claimed amnesia
regarding his actions immediately before impact. Defendant’s
expert contended there was a super elevation (slope) of the road
surface which contributed to the accident.

Damages:
Wrongful death of Melanie; broken jaw, cuts/bruises, emotional
distress (Dillon v. Legg) to Stephanie.