A jury has returned a $3.5 million verdict against a Fresno trucking company after finding it negligent in the death of a driver who died inside his burning truck on Interstate 40 in New Mexico four years ago. FRESNO, CA - In Fresno County Superior Court, the jury found in favor of the family of Amarjit Khunkhun, 43, who died in March 2010 near San Jon, New Mexico, near the Texas border. Fluid leaking from the transmission onto...
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hot truck parts ignited a fire underneath the cab of the truck that Khunkhun had been driving, said Bill Robins, the lead Santa Monica attorney for Khunkhun’s family. The verdict was against the owners of the truck — Jaswinder Gill and her husband, Avtar Gill, who operate GMG Trucking of Fresno. The jury, which deliberated about four hours, announced its verdict on Oct. 17 in Judge Kristi Kapetan’s courtroom after hearing a month’s worth of testimony. Attorney Paul Hager, who represented the Gills, said his clients could appeal. The crux of the defense was this: In the trucking industry, drivers are responsible for inspecting their big rigs before taking off. The trucking company said that the fire had started in the cab incorrectly saying that Khunkhun had used a stove inside the cab, but no stove or propane was found in the truck’s charred remains.
Because no one witnessed Khunkhun’s death, the trial turned into a battle of experts to determine what happened. Attorneys Mohinder S. Mann, Gurinder S. Mann, and Bill Robins representing the family of Khunkhun conducted their own CSI-like investigation, the Manns said. They learned that the inspectors found no evidence to support their theory that the fire started within the cab. The attorneys retained an expert in fire origin and cause, who determined that the fire actually started underneath the cab, not within the cab. The law firm also retained an expert in truck mechanics, who determined that the transmission had been severely damaged as a result of leaks in the transmission. Further scientific testing established that the leaking transmission fluid had caused the fire and that the Defendant had been aware of a transmission leak, but failed to take appropriate steps to repair the truck. The verdict was reduced by 15 percent as a result of the jury finding that Khunkhun was comparatively negligent. “The Khunkhun family is grateful to the Jury in vindicating the driver, Amarjit Khunkhun and for holding the trucking company accountable for its actions,” said Gurinder S. Mann, co-counsel on the case. Despite the reduction, the jury award is nearly $3 million to Khunkhun’s wife and three children, who live in San Jose, he said.
“Not only is Khunkhun’s family grateful that the jury vindicated him, but “our hope is that the jury’s message will save lives in California and elsewhere, so that others will not suffer this tremendous loss,” Robins said.
Because no one witnessed Khunkhun’s death, the trial turned into a battle of experts to determine what happened. Attorneys Mohinder S. Mann, Gurinder S. Mann, and Bill Robins representing the family of Khunkhun conducted their own CSI-like investigation, the Manns said. They learned that the inspectors found no evidence to support their theory that the fire started within the cab. The attorneys retained an expert in fire origin and cause, who determined that the fire actually started underneath the cab, not within the cab. The law firm also retained an expert in truck mechanics, who determined that the transmission had been severely damaged as a result of leaks in the transmission. Further scientific testing established that the leaking transmission fluid had caused the fire and that the Defendant had been aware of a transmission leak, but failed to take appropriate steps to repair the truck. The verdict was reduced by 15 percent as a result of the jury finding that Khunkhun was comparatively negligent. “The Khunkhun family is grateful to the Jury in vindicating the driver, Amarjit Khunkhun and for holding the trucking company accountable for its actions,” said Gurinder S. Mann, co-counsel on the case. Despite the reduction, the jury award is nearly $3 million to Khunkhun’s wife and three children, who live in San Jose, he said.
“Not only is Khunkhun’s family grateful that the jury vindicated him, but “our hope is that the jury’s message will save lives in California and elsewhere, so that others will not suffer this tremendous loss,” Robins said.
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