Te-Hsi Chang, et al. vs. Marco Antonio Luevano, et al.

Case Background

Plaintiffs Te-Hsi Chang, individually and as Successor-in-Interest to the Estate of Chen Hsueh Chang; Yi-Chuan Chang, individually; and Chia-Yen Chang, individually (referred to as “Ms. Chang,” “Ms. Y-C Chang,” and “Ms. C-Y Chang,” respectively, or collectively as “Plaintiffs”) filed a wrongful death lawsuit, alleging negligence, against Marco Antonio Luevano and J.B. Hunt Transport, Inc. (referred to as “Mr. Luevano” and “J.B. Hunt,” respectively, or collectively as “Defendants”) and Does 1 through 10, inclusive.

The case was filed in the California Superior Court, Los Angeles County. Judges Frederick C. Shaller, Anne Hwang, and Michael E. Whitaker presided over this case. [Case number: 20STCV46227]

Cause

This case involves the tragic and preventable death of Chen Hsueh Chang, who was struck by a tractor-trailer operated for J.B. Hunt on February 14, 2019. Ms. Chang was simply crossing the street on her way to work when the incident occurred. Due to the reckless and negligent actions of the driver, Mr. Luevano, and J.B. Hunt, she became trapped under the rear tires of the 30,000-pound trailer.

Mr. Luevano failed to stop the tractor-trailer after hitting Ms. Chang. Instead, he continued driving, dragging her body for nearly an entire block. It took a bystander to alert him before he finally stopped the vehicle. Only then did the horrific ordeal come to an end.

Injury

By 4:58 A.M. on February 14, 2019, an ambulance arrived at the scene of the accident. Emergency responders transported Ms. Chang to LAC+USC Medical Center for treatment.

At the hospital, doctors diagnosed Ms. Chang with numerous critical injuries. These included a partial amputation of her left leg at the knee, fractures in both femurs, multiple pelvic and lumbar vertebrae fractures, and severe damage to internal organs. She also suffered a collapsed lung, traumatic shock, acute respiratory failure, kidney failure, sepsis, and other life-threatening complications. The injuries stemmed from the severe trauma caused by the truck collision.

To save her life, Ms. Chang underwent multiple surgeries and medical procedures. These included an iliac artery graft, a left leg amputation, a femoral patch on her right side, vascular surgeries, and debridement of damaged tissue. Doctors performed a laparotomy, angiography, and blood transfusions while providing intubation and intermittent urinary filtration. Despite these efforts, her condition remained critical.

Given the severity of her injuries and her lack of capacity during a psychiatric evaluation, the hospital’s ethics committee designated Ms. Chang as a “Do Not Resuscitate” (DNR) patient. On March 1, 2019, she passed away due to cardiac arrest, multisystem organ failure, and polytrauma. Her death certificate listed the cause as an accident involving a semi-truck and pedestrian collision.

On March 26, 2019, Ms. Chang’s body was cremated.

Damages

As a direct result of the Defendants’ actions or failures, the Plaintiffs lost their loved one, Ms. Chang. This tragic loss deprived Plaintiffs of her love, affection, companionship, and emotional support. They also suffered the absence of her guidance, comfort, and the many benefits she provided in their lives.

Additionally, the Plaintiffs face the financial burden caused by the loss of Ms. Chang’s support and assistance. Defendants’ conduct directly contributed to this devastating outcome, leaving the Plaintiffs without the emotional and financial security she once offered.

As a result, the Plaintiffs endured significant monetary damages, along with the profound loss caused by Ms. Chang’s untimely death.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Te-Hsi Chang, individually and as Successor-in-Interest to the Estate of Chen Hsueh Chang | Yi-Chuan Chang, individually | Chia-Yen Chang, individually
    • Counsel for Plaintiff(s): David M. Mayo | Anthony Tung
  • Defendant(s): Marco Antonio Luevano | J.B. Hunt Transport, Inc.
    • Counsel for Defendant(s): Patrick McIntyre | Austin Smith

Claims

First Cause of Action: Negligence
(All Plaintiffs Against All Defendants)

Defendants had a duty to exercise reasonable care while operating a motor vehicle on a public road on February 14, 2019. They breached this duty by striking Ms. Chang, a pedestrian in a marked crosswalk, and failing to yield the right of way.

Defendants should have recognized the risks posed by the conditions that day, including heavy rainfall, poor visibility, and the weight of the tractor-trailer. These factors increased the likelihood of an accident. Despite these conditions, Defendants failed to take necessary precautions, contributing directly to the collision and Ms. Chang’s subsequent death.

Had Defendants exercised reasonable care, Ms. Chang would not have been struck, injured, or killed.

Second Cause of Action: Negligent Hiring, Retention, or Supervision
Defendant Luevano worked as a driver for Defendant J.B. Hunt and began his shift around midnight on February 14, 2019. At the time of the accident, he had been driving for nearly five hours without a break under adverse weather conditions.

While driving a 30,000-pound vehicle, Defendant Luevano failed to yield to Ms. Chang at the crosswalk and did not realize he struck her. This negligence presented a significant risk to others, particularly under such dangerous conditions.

Defendant J.B. Hunt knew or should have known that Defendant Luevano was unfit or incompetent for his duties. His unfitness directly contributed to Ms. Chang’s death. J.B. Hunt’s negligence in hiring, supervising, or retaining Defendant Luevano was a substantial factor in causing Ms. Chang’s fatal injuries.

Third Cause of Action: Wrongful Death
(All Plaintiffs Against All Defendants)

In the early hours of February 14, 2019, Ms. Chang crossed Gale Avenue and Hacienda Boulevard as the pedestrian signal turned green. Defendants, violating California Vehicle Code § 21950, recklessly entered the intersection, struck Ms. Chang, and caused severe injuries that led to her death on March 1, 2019.

On May 19, 2024, the Court granted a motion for summary judgment, resulting in the dismissal of Yi-Chuan Chang and Chia-Yen Chang from the case. Judgment was entered for Yi-Chuan Chang and Chia-Yen Chang, as individuals, pursuant to CCP §437c(k).

Defense

Defendants J.B. Hunt Transport, Inc. and Marco Antonio Luevano responded to the wrongful death and survival action complaint with the following defenses:

First Affirmative Defense: Failure to State a Cause of Action
Defendants asserted that the complaint, including all its claims and causes of action, lacked sufficient facts to establish a valid legal claim against them.

Second Affirmative Defense: Comparative Fault
Defendants argued that the Plaintiff, the decedent, or other individuals or entities—whether involved in the case or not—contributed to the injuries and damages claimed. They contended that any liability assigned to them should be proportionately reduced based on this comparative fault. However, Defendants expressly denied any liability.

Jury Verdict

The jury trial started on October 1, 2024. On October 16, 2024, the jury returned a defense verdict after finding that Marco Antonio Luevano was not liable for negligence.

On November 05, 2024, a judgment consistent with the verdict was entered.

Court Documents:

Available for purchase upon request