$11.75 Million Settlement for Family of Cyclist Killed by Distracted Sheriff's Deputy in Calabasas
Won by Greene Broillet & Wheeler.
Milton Olin Jr., a 65-year-old attorney and former Napster executive, was killed on Dec. 8, 2013 when a Los Angeles County sheriff's deputy typing on his patrol car's computer drifted into a Calabasas bike lane. In May 2018 the county's Board of Supervisors unanimously approved an $11.75 million settlement of the family's wrongful death lawsuit, days before a civil trial was to begin.
What happened
On the afternoon of December 8, 2013, Milton Olin Jr. was riding his bicycle east in the bike lane on Mulholland Highway in Calabasas. He was 65, an entertainment attorney and a former chief operating officer of the file-sharing company Napster.
A Los Angeles County sheriff's deputy, Andrew Wood, was driving the same direction in a patrol car at about 45 mph, headed to a brush fire call at a Calabasas high school baseball field. Authorities said he was typing on the car's mobile computer when the road curved left. The patrol car crossed into the bike lane and struck Olin, who was thrown into the windshield. An off-duty paramedic at the scene determined he had died.
The Los Angeles County District Attorney declined to file criminal charges in August 2014. An internal sheriff's investigation found that Wood had violated department policy, and he was reprimanded. Wood first told investigators that Olin had swerved out of the bike lane, and he denied texting or looking at the computer.
Olin's widow, Louise, and the family sued the county for wrongful death, represented by Bruce Broillet. The family's position was that Wood's attention was on his devices rather than the road. Broillet pointed to phone records indicating that Wood sent a personal text message to his wife about 15 seconds before impact, and to a partly written, unsent message found on the patrol car's computer. Louise Olin put it plainly: 'He may as well have been blindfolded as his attention was on his mobile devices and not on the road.' Wood had said he was stopped at a red light when he sent the text; the family's lawyers disputed that account using second-by-second records.
A civil trial was set to start the following week when the Los Angeles County Board of Supervisors voted unanimously, on May 29, 2018, to approve an $11.75 million settlement. The vote, taken on the recommendation of the county's attorneys, ended the case without a jury verdict and was among the larger payouts the county had made in a single case.
The day after the vote, Louise Olin and Broillet held a news conference asking the District Attorney to take a fresh look at the criminal case in light of the phone records. The District Attorney's office said it would review any new information. Louise Olin had founded the Milt Olin Foundation in 2014 to work toward ending deaths and injuries caused by distracted driving. The Sheriff's Department, for its part, had since adopted new rules limiting deputies' use of in-car computers, and Wood remained a deputy assigned to court services.
Sources
This account is drawn from contemporaneous public reporting and the court record.
- 1.ABC7 Los Angeles (KABC), 'Family of bicyclist killed by deputy car receives $11M settlement from LA County', May 31, 2018·Archived copy
- 2.CBS Los Angeles, report on the Milt Olin settlement with LA County, May 30, 2018·Archived copy
- 3.NBC Los Angeles, 'Family Wants New Criminal Review for Deputy Who Fatally Struck Bicyclist', May 30, 2018·Archived copy
- 4.Patch Calabasas, report on the county's $11.75 million sheriff's texting settlement, May 29, 2018·Archived copy
More proven verdicts from Greene Broillet & Wheeler
All Greene Broillet & Wheeler proven verdicts →Acting as outside trial counsel for Los Angeles County, the firm then known as Greene, Broillet, Taylor, Wheeler and Panish helped recover approximately $3.3 billion for the county through the 1998 nationwide Tobacco Master Settlement Agreement.
A Los Angeles jury ordered General Motors to pay $4.9 billion after a 1979 Chevrolet Malibu's rear-mounted fuel tank ruptured and burned six occupants in a rear-end crash, the largest US personal-injury verdict at the time.
A Sacramento jury awarded $73 million, including $50 million in punitive damages, after a Goodyear tire tread separation caused a Ford E-350 church van to flip four times on I-5, killing two passengers and injuring two others.
A Los Angeles jury awarded $58,137,361 to a construction worker who suffered third-degree burns over 75 percent of his body when a defective O-ring on a Caterpillar scraper caused flammable hydraulic fluid to spray onto a hot engine, producing what was then the largest single-plaintiff personal-injury verdict in California history.
Related wrongful death verdicts
In December 2011, a Fayette County, Texas jury awarded the family of an 8-year-old Splendora boy $150.37 billion after he was doused with gasoline and set on fire by a 13-year-old neighbor in 1998, two weeks after the same neighbor sexually assaulted him. The boy survived third-degree burns over 99 percent of his body for nearly 13 years before dying in April 2011 of a skin cancer linked to his injuries. The defendant, Don Wilburn Collins, never appeared to answer the civil suit, and the jury awarded $370 million in actual damages plus roughly $150 billion in punitive damages, the largest civil verdict in U.S. history. Attorney Craig Sico, who represented the family, said from the outset that the judgment was not collectible and was intended to pressure prosecutors into reopening the long-dormant criminal case. Prosecutors did reopen the case, and Collins was later convicted of capital murder in a separate criminal proceeding.
A Pensacola jury awarded Cynthia Robinson $23.6 billion in punitive damages against R.J. Reynolds over the 1996 lung cancer death of her 36-year-old husband, the largest single-plaintiff award of Florida's Engle tobacco litigation, but the trial judge called the number constitutionally excessive, an appeals court ordered a full retrial over improper closing arguments, and a second jury returned a complete defense verdict in 2019, so the estate ultimately collected nothing.
Frantz Law Group, representing roughly 5,000 victims, helped negotiate a $13.5 billion PG&E bankruptcy settlement covering tens of thousands of survivors and families from the 2015 Butte, 2017 North Bay, and 2018 Camp wildfires.