Frank Mills v. Hans Gutierrez Hermosillo and California Pizza LLC, d/b/a Pizza Hut

Frank Mills, individually and on behalf of the Estate of Dianne Smith, age 53, sued Hans Gutierrez Hermosillo and California Pizza LLC, d/b/a Pizza Hut on auto negligence, wrongful death and respondeat superior theories claiming that Hermosillo failed to exercise due care in the operation of his automobile in 2006 and, as a direct result, cause an automobile accident that killed Ms. Smith. At the time of her death, Smith worked as an administrative assistant at Ventura College. She had been employed by the Ventura County Community College District since 1980. Gutierrez worked for California Pizza LLC, a company that owns 21 Pizza Hut restaurants in Tulare County.



Gutierrez had been on the job as a Pizza Hut employee for 10 days and had obtained his driver's license only three weeks earlier. Gutierrez's employment makes California Pizza also liable.



Gutierrez was turning left onto a street about 6:30 p.m. when his car collided with a vehicle driven by Gerrid Climer. The force of the collision sent Climer's vehicle out of control over the median and into a car being driven by Smith.

Plaintiffs' verdict for $7.9 million. Smith's daughter, Galadriel Mills, who was 8 years old at the time and a passenger in the vehicle, was awarded $1.2 million for severe emotional distress, according to court documents.