MCDANIEL vs. ASCUNCION
N/AOUTCOME: Jury Verdict
Wrongful Death/Motor Vehicle. Defendant Edward Murotani was driving eastbound on Highway 58. He suffered a diabetic attack and went into a semi-conscious state. He crossed the center divider and becam ... e disabled in the westbound lanes. His car caught on fire and began smoking. Shortly thereafter, another motorist failed to stop in time and struck Murotani’s vehicle. Decedent, Steven McDaniel, saw the two disabled vehicles and stopped to render aid. He retrieved a fire extinguisher from his vehicle. He stood next to the Murotani vehicle trying to put out the fire. As he was doing so, a motorist was unable to stop and struck the vehicles, which struck the Decedent and threw him about 17 feet onto the highway. Shortly thereafter, several other motorists approached the scene. Because of the darkness and thick dark smoke, they were unable to see and forced to swerve around the wreckage. Defendant Loyd Asuncion was one of the last motorists to arrive. He swerved to avoid the wreckage, but ran over Decedent while doing so. Plaintiffs were the wife and daughter of Decedent. They claimed that defendant Murotani was negligent by failing to pull over once he began to realize he was having a diabetic attack. Plaintiffs claimed that defendant Loyd Asuncion was negligent because he was inattentive and driving at an unsafe speed. Plaintiffs also claimed that Decedent was still alive when Asuncion ran over Decedent. Defendant Asuncion claimed that he was not negligent under the circumstances and that Decedent was already dead before he ran over the body.
