Legal
Jury Awards $23.9 Million in Reckless Ambulance Case - California
On September 26, 2008, a jury in Hayward awarded $23,903,434 to Louis Del Barba, 85, for paralyzing injuries he suffered on April 16, 2007, in Oakley, California. Mr. Del Barba, a farmer and life-long resident of Oakley, was attempting to make a left turn onto Highway 4 when he was rammed by a speeding American Medical Response ambulance driven by Teymour Amir Ansari. The ambulance's speed was measured at 65 mph in a 35 mph zone. Experts agreed that such a speed, in rush hour conditions, was reckless and unsafe.
The trial was held in Superior Court, Alameda County, with the Hon.
Deborah Miller presiding.
Mr. Del Barba had the right of way and was wearing a shoulder and lap
seat belt when the crash occurred. As a result of the accident, he received
numerous traumatic injuries and is paralyzed completely, save for some
movement of his head and left arm. He is constantly dependent on a
ventilator. Doctors believe that he can return to his 110-year-old family
home if there are funds to fit a room for medical care. The jury felt
strongly that Mr. Del Barba had a right to a dignified death at his own
home, if he so chose. Evidence was produced to show that American Medical
Response had contributed nothing to his care. Settlement offers were
derisory.
"The dignity and patience of Louis Del Barba made this a deeply
emotional trial, very physically wearing," said veteran trial lawyer, Terry
O'Reilly, founding partner of O'Reilly & Danko, San Mateo. O'Reilly said,
"I am pleased that the jury understood the issues and responded to his
suffering."
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Oct 8, 2008,
8:09:30 PM
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