Alvin Mount, et al. vs. California Highway Patrol, et al

On June 21, 2024, a California jury awarded the parents $40,000,000 for the wrongful death of their 24-year-old son, who was struck and killed by a speeding California Highway Patrol officer on a bike. The award reflected a 37% comparative negligence on the part of the deceased.

Case Background

On  May 19, 2020, the parents of the decedent Cezannie Mount filed a legal action for the wrongful death of their son before the California Superior Court, Los Angeles County. Judges Michael B. Harwin, Steven A. Ellis, Serena R. Murillo, Mark E. Windham, Audra Mori, Michael E. Whitaker, and Kristin S. Escalante presided over this case. [Case number: 20STCV19067]

Cause

Plaintiffs Nella Mount and Alvin Mount were a couple residing in Los Angeles County, California, and they were the parents of decedent Cezannie Mount.

Defendant Alfredo Gutierrez was a California Highway Patrol (CHP) officer. On October 27, 2019, decedent Cezannie Mount, aged 24, was killed by Alfredo Gutierrez. Gutierrez was operating his CHP motorcycle at excessive speed while on duty as a CHP Officer for the California Highway Patrol.

At 4:40 a.m., Gutierrez was riding his motorcycle to work at speeds over 70 mph in a 40 mph zone. He did not have his emergency lights flashing when he struck pedestrian Cezannie Mount, who was crossing Del Amo Blvd in Long Beach.

Damages

The negligence of the Defendants had caused the Plaintiffs to suffer significant losses and damages. The wrongful death of their son deprived them of his companionship and comfort. Additionally, they lost the future services, earnings, and protection their son would have provided. This resulted in substantial damages.

The parents requested that the court enter judgment in their favor against the Defendants. They sought general and compensatory damages along with any prejudgment interest permitted by law. Additionally, they requested reasonable costs for the suit and interest, including prejudgment interest, as allowed by law. Lastly, they asked for any other relief the court considered just, proper, and appropriate.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Alvin Mount | Nella Mount
    • Counsel for Plaintiff(s): Eric Dubin | Annee Della Donna
  • Defendant(s): California Highway Patrol | Alfredo Gutierrez | State of California
    • Counsel for Defendant(s): Jeffrey Phillips | Joshua Bart

Claims

The Plaintiffs alleged that the Defendants’ negligence led to their son’s wrongful death. Their attorney argued that police officers, when not responding to emergencies with lights and sirens, must exercise due diligence to prevent accidents. This obligation applies even if a pedestrian is outside a marked crosswalk.

Defense

The Defendant expressly denied any liability. The defense argued comparative negligence. They asserted that the events, damages, and injuries were primarily caused by the decedent’s and others’ negligence.

Jury Verdict

On June 21, 2024, the twelve-person California jury found Defendant Alfredo Gutierrez liable for negligence. They also held that the CHP was negligent in its entrustment of the CHP motorcycle to Gutierrez.

The jury awarded $9,000,000 in past noneconomic damages for the loss of Cezannie Mount’s love, companionship, comfort, support, and care. They also awarded $31,000,000 in future noneconomic damages for the continued loss of Mount’s love, support, care, and companionship. The total verdict amount came up to $40,000,000.

Additionally, the jury found Cezannie Mount liable for comparative negligence. They apportioned 37% of the responsibility for the harm to Alfredo Gutierrez, 26% to CHP, and 37% to Cezannie Mount.

On July 25, 2024, Judge Michael B. Harwin entered a judgment on the verdict in favor of the Plaintiffs in the total amount of $25,200,000.00 after adjusting the comparative negligence, plus costs.

Court Documents:

Available upon request