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CONFIDENTIAL

Sep. 30, 2003

Personal Injury
Auto v. Pedestrian
Wrongful Death

Confidential

Settlement –  $2,072,500

Judge

William L. Bettinelli

Court

Sonoma Superior


Attorneys

Plaintiff

Tad S. Shapiro


Facts

The plaintiffs (Does A, B and C) were en route to a soccer game on northbound U.S. 101 when a friend's car broke down. They parked the friend's car legally on the shoulder of the highway adjacent to a drainage berm and then continued on to the soccer game. After the game, they returned to the disabled car and were in the process of transferring items from the disabled car to their car. The defendant Roe, driving with her husband northbound on U.S. 101, crossed the two lanes for northbound traffic, went across the shoulder, across the drainage berm, and struck Does A and B. Doe C, the 12-year-old nephew of Doe A seated inside their car, witnessed the events immediately before impact. Doe A, aged 45, was married and the father of four children and one minor child. He was employed as a foreman for a local winery earning approximately $20,000 per annum. Doe B, aged 19, and the son of elderly parents in Mexico, was employed as a laborer for the same winery earning approximately $12,000 per year. Both Does A and B sent money monthly to their families in Mexico.

Settlement Discussions

The case settled as follows: $1.2 million for the wrongful death claim of Doe A; $787,000 for the wrongful death claim on behalf of Doe B; personal injury claim for Doe C for $85,000.

Damages

Emotional injuries and minor abrasions to Doe C. Loss of support resulting from the death of Doe A for $480,000; loss of support resulting from the death of Doe B for $135,000.


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