Family settles wrongful death lawsuit

Aug. 18--SANTA CRUZ -- A $9.5 million settlement was reached in a wrongful death lawsuit by the family of Daniel McGuire, who died when a big-rig truck slammed into his car in traffic July 10, 2014, on Highway 17 near Bear Creek Road.

In the next 45 days, the insurance companies for the trucking companies that operated the big rig, Saini Trucking and Saini Brothers Trucking, will pay Gail-Jean and Doug McGuire that sum, attorney Robert Allard said during a press conference at the McGuires' family home Thursday on the Westside. Doug and Gail-Jean are Daniel McGuire's parents. Court documents support the attorney's claims.

A trucker hauling dirt was headed downhill and was unable to stop, causing a 10-vehicle collision that injured seven people and killed McGuire. McGuire was partially ejected from his vehicle, according to California Highway Patrol.

Calling for stricter safety regulations in the trucking industry, the suit claimed the trucking companies engaged in negligent hiring, supervision and training, according to court documents.

"This unprecedented settlement includes a court order that requires Saini Trucking and Saini Brothers Trucking to follow the law going forward or else there will be serious consequences moving forward, including jail time and hefty financial fines," Allard said.

Allard said he insisted that the defendants' attorney, Craig Farmer, agree to disclosing the financial amount to send a message to trucking companies that do not follow laws on driver regulations and truck inspections.

The suit was filed by Daniel McGuire's parents in September 2014.

"This settlement needs to serve as a wake-up call to the trucking industry," Allard said.

The settlement was reached Wednesday, according to documents filed that day in Santa Clara County Superior Court.

"We were an eyelash away from going to trial," Allard said.

Doug McGuire said the litigation was never about the money.

"It provides some closure," he said. "It's been three years of litigation and grief. I wake up every morning thinking about it. We don't have to go through court and relive all the events leading up to our son's death."

Rejeana Scarpello, Daniel McGuire's sister, said the settlement gives the family a chance to remember Daniel McGuire's accomplishments.

"It will be a really nice opportunity to start to move on," Scarpello said. "I would love to start reminiscing and not be fearful about how a jury is going to interpret my stories. It's been a long time that we've been in trial preparations. It's been so emotional."

Daniel McGuire was the second McGuire sibling killed in a wreck. Scarpello's brother, Andrew, died in a wreck in 2008.

Andrew McGuire was killed in a wreck on Interstate 5 in 2008.

Gail-Jean McGuire said she initially couldn't believe the settlement was reached.

"We just want to move forward," Gail-Jean McGuire said. "It was never about the money."

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