$1 Million Awarded in Fatal Collision

A jury has awarded $1.1 million to the widow and children of a Ventura man killed last year when a big-rig truck collided with his vehicle after jackknifing into his lane on California 118.

In a split verdict--with the vote ranging from 11 to 1 to 9 to 3 on segments of the monetary award--the jury decided that Mary Waits and her two adult daughters should be paid damages by the state of California, as well as the driver and the owner of the truck that struck and killed Weldon R. Waits.

According to court documents, Weldon Waits, a 42-year-old self-employed electrician who made $100,000 a year, was killed July 11, 1992, when his pickup truck was struck shortly after 8 a.m. by an 18-wheeler driven by Gerald Wilks.

The accident occurred on a rain-soaked road near Calleguas Creek, just east of Center School Road. Wilks, who was driving west at 50 m.p.h., lost control of his vehicle when he tried to stop to avoid hitting a car in front of him that was slowing down, court records state.

Wilks’ truck crossed into the eastbound lanes, where it struck Waits’ vehicle. Wilks was later convicted in a criminal trial of misdemeanor vehicular manslaughter, according to court documents.

Mary Waits and her children sued Wilks and the truck’s owner, Ed Miller Trucking, for negligence in operation and in allowing the 18-wheeler to have defective brakes and tires. The state of California was named as a defendant in the lawsuit on the grounds that the highway shoulder was so steep and narrow there was no room for Waits to swerve and avoid the collision.

In placing blame for the accident, the jury found that Wilks was 45% responsible, Miller Trucking was 40% to blame and the state carried 15% of the responsibility.