Chain | Cohn | Clark resolves wrongful death lawsuit on behalf of family of motorcyclist killed in crash with Sheriff’s deputy patrol car
May 9, 2018 | Article by Chain | Cohn | Clark staff | Cases , News & Media Social Share
Chain | Cohn | Clark has reached a settlement with the County of Kern on behalf of the family of a motorcyclist who was killed in 2015 when a Kern County Sheriff’s patrol car abruptly made a turn against a red light directly into his path.
The crash involving 59-year-old Larry Maharrey garnered media attention as it was the fourth fatality in as many years involving a Sheriff’s Office patrol vehicle.
The parties agreed to a $3.8 million settlement in the wrongful death lawsuit.
“These are tragic cases where you have individuals who are completely innocent who were killed in traffic collisions. Those are the types of accidents that shouldn’t happen, especially involving officers who are trained to protect these very same people,” said Matt Clark, Chain | Cohn | Clark attorney for the family.
Clark continued: “It’s incredibly unfortunate an innocent man died. Maharrey’s family is satisfied with the resolution, but it’s not like the resolution will bring him back.”
On July 14, 2015, Maharrey was driving his motorcycle eastbound on Norris Road in Oildale, when the deputy abruptly made a left turn against a red light onto Airport Drive directly into Maharrey’s path. Maharrey was unable to avoid the collision with the patrol vehicle, and died as a result of the crash.
The California Highway Patrol determined that Sgt. Marvin Gomez and Maharrey did not become visible to each other until 0.87 seconds before the collision because other vehicles blocked their view. CHP had recommended a misdemeanor vehicular manslaughter charge against Gomez, but the District Attorney’s office declined to file a criminal charge. Chain | Cohn | Clark contends that Deputy Gomez violated KCSO policies and procedures by failing to pre-clear the intersection before turning left against a red light.
Maharrey’s death came at the heels of another wrongful death lawsuit filed by Chain | Cohn | Clark on behalf of the family of Nancy Garrett, who was struck and killed by KCSO deputy Nicholas Clerico in 2014, also in the Oildale area. This case is ongoing. Less than four years before Maharrey’s death, Daniel Hiler and Chrystal Jolley were killed when Kern County sheriff’s deputy John Swearengin struck and killed them as they pushed a motorcycle across Norris Road. Swearengin was traveling at more than 80 mph in a 45-mph zone, without activating his emergency lights or siren. The case, also represented by Chain | Cohn | Clark, settled in March 2014 for $8.8 million.
For more than 20 years, Maharrey worked for Golden State Drilling as a diesel mechanic. At his vigil, friends and family described him as “a good man” who would do anything for anyone in need. He especially enjoyed fishing and, of course, riding his motorcycle.
MEDIA COVERAGE
- Kern County reaches $3.8 million settlement in deadly crash between motorcyclist, deputy (KBAK-29, CBS – May 3, 2018)
- Family of man killed in crash with KCSO deputy settles for $3.8 Million (KERO-23, ABC – May 3, 2018)
- County settles wrongful death lawsuit filed by family of man killed in crash with KCSO deputy (KGET-17, NBC – May 3, 2018)
- Settlement reached for $3.8 million in fatal crash involving Kern County sheriff’s sergeant (The Bakersfield Californian – May 3, 2018)
