Williams v. Circle CA3

Filed 10/31/25 Williams v. Circle CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

DANIEL ARON WILLIAMS et al.,

Plaintiffs and Appellants, C100598

v. (Super. Ct. No. 34-2020- 00285207-CU-PA-GDS) GARY LLOYD CIRCLE et al.,

Defendants and Respondents.

While driving under the influence and in excess of the speed limit, Gary Circle swerved his car around a minivan driven by Adam Bills and crashed into a home. The crash killed Janice Williams and injured Daniel and Lorrie Williams.1 Daniel, Lorrie, and other plaintiffs sued Gary, Adam, and other defendants, asserting various causes of action, including negligence and wrongful death.2 A jury awarded Daniel $2,710,706.71, and it awarded Lorrie $1,586,050.50. Plaintiffs moved for a new trial because the jury did not make an award for property damage, but the trial court denied the motion.

1 Because some individuals share the same last name, we will use first names for clarity.

2 Plaintiff Anne Williamson had an ownership interest in the home. Plaintiff Pamela Martin sued as an individual and as the successor in interest to Janice’s estate. Additional defendants settled and were dismissed prior to trial.

1

Plaintiffs now contend that because the jury did not compensate them for property damage, (1) the judgment is inadequate as a matter of law, and (2) the trial court erred in denying their motion for a new trial. Finding no error, we will affirm the judgment. BACKGROUND Adam had just turned his minivan onto Coloma Road in the City of Rancho Cordova when he saw the Kia Optima driven by Gary approaching at a high rate of speed. Adam stopped his minivan and Gary veered around him, crashing into a house. Data from the Optima indicated it had been travelling at 86 miles per hour five seconds before the crash. The speed limit on Coloma Road was 40 miles an hour. Gary admitted speeding and driving under the influence. Lorrie, Daniel, and Janice were in the living room of the house at the time of the crash. The Optima pushed Lorrie through the wall and into another room. Daniel was pinned under the Optima, and Janice died at the scene. Lenora McIntosh, a representative from Liberty Mutual and Safeco Insurance (Liberty Mutual), testified about property damage payments. Liberty Mutual paid Daniel, unnamed contractors, and a mortgage company $81,225.03 for dwelling damage; it paid for “other structure” damage in the amount of $822.98; it paid $54,876.67 to Daniel and unnamed storage and cleaning vendors for personal property; and it paid $41,995.57 for living expenses, which included a hotel stay and a rental home. The total amount paid by Liberty Mutual was $178,920.25. The jury was instructed that if it decided plaintiffs had proven a claim against Gary and Adam, it must decide how much money would reasonably compensate plaintiffs for the harm, and the amount of damages must include an award for each item of harm caused by the wrongful conduct. The trial court informed the jury that plaintiffs sought damages for injury to real property, loss of use of real property, and loss of personal property. It instructed on what plaintiffs had to prove to recover those damages