Martin, et al. v. HD Supply dba WhiteCap Construction Company and David Allen Rose   – CASE 19

L.A.S.C. Case No. SC 111 993.

Arthur Martin was driving his wife to work that day and came to a stop at the intersection of Sunset Blvd. on Whittier Drive, right at the edge of the City of Beverly Hills where dead-man’s curve terminates. When Arthur saw the opposing traffic light turn red and the light in front of him turned green, Arthur entered the intersection at a regular speed and within one, two, three seconds, a 20,000++ lbs. Tractor Trailer truck smashed into the Martin family car, a Toyota Camry. The Martins had affectionately named the car, Ethel. The tractor trailer was driven by Mr. Rose and operated by WhiteCap Construction company, who totally denied fault for the accident and refused to capitulate liability even after the police recommended manslaughter charges be filed. Instead, Mr. Rose “took the fifth” upon his insurance defense counsel’s advice, which caused the case to be stayed or frozen for nearly three years. During the investigation, Mr. Kar uncovered evidence proving that Mr. Rose had been prescribed and consuming Extra Strength Vicodin of the preceding 30 days prior to the accident, which Mr. Rose obtained from his dentist. Mr. Rose told police he took the Vicodin at night for a “frozen shoulder.”


Result: After a jury trial, the case was settled for $3,000,000 and judgment entered against HD Supply dba WhiteCap Construction Company and David Allen Rose in the Santa Monica Courthouse, on April 10, 2015.