Discussion:
$80 million judgment awarded against irresponsible Mexican owned NM company
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Chase Rizzo
2013-12-13 19:45:37 UTC
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A judge has awarded nearly $80 million to the family of a woman who died
in 2002 when a tractor-trailer struck her car and buried it in sand,
suffocating the woman as teachers and students at a nearby school
frantically tried to dig her out.

Laura Miera had just dropped off her 14-year-old daughter at Jimmy Carter
Middle School and was waiting at a traffic light when the semi exited a
freeway and came barreling toward her.

The Albuquerque Redi-Mix truck pushed her car to the curb, it rolled, and
Miera was trapped as the semi's open load of sand poured on top of her.

Teachers, students and others on their way to the school tried to dig out
the 48-year-old woman by hand.

One counselor tried to comfort Miera as the car filled with sand.

"It was devastating," said Jacob Vigil, the attorney who has represented
Miera's family in their 10-year legal fight. "The school counselor was
holding her hand, praying while the sand just rose above her head, and the
counselor just kept saying `Squeeze my hand if you can hear me.' She
squeezed for a while until she died."

According to the lawsuit, the semi involved in the crash had an expired
registration, three brakes out of adjustment, and a driver with two
"driving while intoxicated" charges before he was hired by Albuquerque
Redi-Mix.

New Mexico District Judge Shannon Bacon entered the judgment Monday for
Laura Miera's estate and her husband, Jose, and now-grown daughter,
Cassandra. It includes $60 million in punitive damages.

The judgment is against Albuquerque Redi-Mix; Quintana Enterprises Inc.;
the companies' owners, John and Barbara Quintana; truck driver Truman
Bahe.

In her order, the judge wrote that the Quintanas' conduct and that of
their companies continues to endanger the public and caused Miera's "slow
and painful death."

http://www.foxnews.com/us/2013/12/11/nearly-80-million-judgment-awarded-
in-new-mexico-woman-sand-suffocation-death/?intcmp=obinsite
bosco
2013-12-13 20:10:38 UTC
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Post by Chase Rizzo
A judge has awarded nearly $80 million to the family of a woman who died
in 2002 when a tractor-trailer struck her car and buried it in sand,
suffocating the woman as teachers and students at a nearby school
frantically tried to dig her out.
snipped...
I saw this on the news the other night. I am in complete agreement the
company should be punished for their actions or lack thereof, I think the
fine is very excessive. Would the penalty be the same if the driver was
not a convicted dwi driver?

All this excessive fine is going to do is send Ready Mix back to court
until the family can no longer afford the costs.

Or, perhaps the Judge for wants to put Ready Mix out of business they are
ready for that action too. If that's the case, the company has had a
decade to hide their money, and when the books are looked into, I am
guessing there will be little left over after the business shuts down and
the bills are paid.
UNM
2014-01-30 23:46:46 UTC
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Post by bosco
Post by Chase Rizzo
A judge has awarded nearly $80 million to the family of a woman who died
in 2002 when a tractor-trailer struck her car and buried it in sand,
suffocating the woman as teachers and students at a nearby school
frantically tried to dig her out.
snipped...
I saw this on the news the other night. I am in complete agreement the
company should be punished for their actions or lack thereof, I think the
fine is very excessive. Would the penalty be the same if the driver was
not a convicted dwi driver?
All this excessive fine is going to do is send Ready Mix back to court
until the family can no longer afford the costs.
Or, perhaps the Judge for wants to put Ready Mix out of business they are
ready for that action too. If that's the case, the company has had a
decade to hide their money, and when the books are looked into, I am
guessing there will be little left over after the business shuts down and
the bills are paid.
They have to have a big liability policy, in the end only the lawyers
can win.

Tragic, sad tale for sure.

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