A jury has returned a $3.5 million verdict against a Fresno trucking company after finding it negligent in the death of a driver who died on Interstate 40 in New Mexico four years ago, a lawyer for the dead driver’s family said Monday.
in Fresno County Superior Court, the jury found in favor of the family of Amarjit Khunkhun, 43, who died in March 2010 near San Jon, New Mexico, just west of the Texas border.
A transmission leak caused the fire underneath the cab of the truck that Khunkhun had been driving, said Bill Robins, the lead attorney for Khunkhun’s family.
The verdict was against Jaswinder Gill and her husband, Avtar Gill, who operate GMG Trucking of Fresno. The jury, which deliberated about four hours, announced its verdict Friday in Judge Kristi Kapetan’s courtroom after hearing a month’s worth of testimony.
Robins said Avtar Gill had exchanged trucks with Khunkhun during the early hours of March 23, 2010. About 135 miles later, the truck caught fire, killing him, Robins said.
The Khunkhun family faced an uphill battle because the trucking company blame Khunkhun for starting the fire inside the cab. New Mexico fire officials also incorrectly concluded that Khunkhun had used a stove inside the cab, But no stove or propane was found in the truck’s charred remains, Robins said.
The family’s attorney then hired experts to prove that Avtar Gill and the trucking company had violated federal regulations in their maintenance and inspection of the truck, he said. The evidence showed that the defendants were aware of the transmission leak, but failed to fix the leak before it allowed Khunkhun to drive it, Robins said.
Because the jury found Khunkhun “comparatively negligent,” the verdict was reduced by 15%, which means the jury award is nearly $3 million for Khunkhun’s wife and three children, who live in San Jose, Robins said.
“Today a Fresno jury sent a clear message to the trucking industry that those companies who choose not to follow safety rules will be held accountable for the harm that they cause,” said Robins, of Santa Monica. He was assisted by attorney Hector Longoria of Houston and attorney Gurinder Mann, of San Jose.
Not only is Khunkun’s family grateful that the jury vindicated him, but “our hope is that the jury’s message will save lives in California and elsewhere, so that others will not suffer this tremendous loss,” Robins said.
