Andrea Hoeke, Taimane Faisipa'u, a minor; Falefa Faisipa'u v. Teresita Grande, the Estate of Teresita Grande, Jesus Grande, California Department of Transportation
Published: Feb. 21, 2009 | Result Date: Aug. 5, 2008 | Filing Date: Jan. 1, 1900 |Case number: 149748 Bench Decision – Defense
Facts
On July 16, 2005, decedent George Faiaipa'u and Teresita Grande were involved in a car crash. On that day, Andrea Hoeke, Faiaipa'u's fiancée, received in vitro fertilization. In February 2006, Hoeke birthed Taimane Faiaipa'u. Hoeke, Taimane, and Faiaipa'u's mother brought an action against Grande, her estate, and Jesus Grande for wrongful death and motor vehicle negligence.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that Grande caused the accident when she crossed over the center-line.
DEFENDANT'S CONTENTIONS:
The defense filed a motion for summary adjudication, contending that plaintiffs' complaint was barred by the statute of limitations.
Injuries
The plaintiffs claimed death and loss of society.
Result
The court found in favor of the defense, determining that plaintiffs' claims were time-barred. Afterwards, Jesus Grande settled for insurance policy limits amounting to $30,000.
Other Information
Wawanesa Insurance Co. insured the defendants.
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