This video is based on the lawsuit that Bob won and is discussed below and here.
Kids Get $3M in Mom's Death
Montereyherald.com
June 20, 2007
Original Montereyherald.com article: Kids Get $3M in Mom's Death
A Monterey County jury awarded almost $3 million to the children of a woman killed when a Monterey cypress toppled on her car on Highway 1 north of Moss Landing on New Year's Day last year.
'There was a message with this,' said Bob Schock, an attorney representing two of Jacine Calderon Sarmiento's children. 'After the verdict, the jurors said they hoped the state of California would do something about the trees along the highways.'
Sarmiento, 45, was driving along Highway 1 during a raging storm on Jan. 1, 2006, with her 5-year-old daughter when the tree fell on her vehicle. Sarmiento was killed and her daughter, Athena, suffered minor injuries.
At the time, emergency crews reported that two other cypress trees from the grove along the highway fell while they were trying to extricate the victims.
The jury deliberated for about five hours Monday, capping a weeklong wrongful-death trial against the state Department of Transportation, before announcing its verdict.
The jury ruled that Athena should receive about $932,000 in economic damages and another $1 million in noneconomic damages. Jacine Sarmiento's other two children, teenagers who live in Altoona, Pa., were each awarded almost $526,000 in noneconomic damages.
The cypress grove is adjacent to the Highway 1 intersection with Struve Road. Schock said an inspector had checked the trees prior to the accident, after a eucalyptus had fallen, and had determined the area was safe.
Representatives from Caltrans said the agency 'respectfully disagrees' with the judgment.
'This was a tragic but freak accident, with no negligence,' said Colin Jones, public information manager for the Caltrans regional office in San Luis Obispo.
While the tree was old -- about 90 years old -- it was not in bad health. Rather, the ground was saturated and the winds were gusty on the day of the accident, said Caltrans officials.
Susana Cruz, a spokeswoman for Caltrans, said crews inspected the trees in the grove after the accident and removed some branches.
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