Jeffrey Nazaroff, Janice Nazaroff, Ryan Nazaroff by and through his Guardian ad Litem, Jeffrey Nazaroff, Jose Sandoval and Maria Sandoval v. David D. Mendrin, David Mendrin, Deborah Mendrin, Matthew J. Shinen, Jacob Shinen, Nancy Shinen
Published: Feb. 14, 2009 | Result Date: Dec. 3, 2008 | Filing Date: Jan. 1, 1900 |Case number: 08CECG01674 Settlement – $1,490,000
Court
Fresno Superior
Attorneys
Plaintiff
Jacob J. Rivas
(Law Office of Jacob J. Rivas)
Defendant
R. Lawrence Bragg
(Office of the Attorney General)
Experts
Plaintiff
James E. Flynn
(technical)
Defendant
Mark Whelchel
(technical)
Facts
On Feb. 16, 2008, Thomas Allen Nazaroff, 14, Melina Sandoval, 19, defendant David D. Mendrin, 17, plaintiff Ryan Nazaroff, defendant Matthew J. Shinen, 17, were on their way to attend a party. As David Mendrin was driving, Matthew Shinen grabbed the steering wheel, which caused David Mendrin to lose control of the car; the car rolled over, killing Thomas Allen Nazaroff and Melina Sandoval. Ryan Nazaroff was driving another car directly behind David Mendrin's vehicle.
Plaintiffs Ryan Nazaroff, the Nazaroff family, and the Sandoval family filed suit for motor vehicle negligence. Safeco Insurance was the insurer for the Mendrins.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that David Mendrin had consumed alcohol, was driving in a reckless manner (80 mph in a 55 mph zone), and transported passengers under the age of 20 even though he had a provisional license prohibiting him from driving after 11 p.m.
DEFENDANTS' CONTENTIONS:
The defendants contended that David Mendrin did not consume alcohol, as his BAC level was 0.0 percent. As well, David Mendrin was only driving about five to 10 miles above the speed limit. The defendants argued that Thomas Allen Nazaroff and Melina Sandoval were comparatively at fault for not wearing their seatbelts, and that the proximate cause of the accident was the conduct of Matthew Shinen grabbing the steering wheel, which caused the vehicle to go out of control.
Damages
The plaintiffs sought unspecified damages.
Injuries
The plaintiffs claimed wrongful death, emotional distress, and loss of consortium.
Result
The plaintiffs settled with the Mendrins for $1,490,000.
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