Mary Kay Shaver, Richard Williams, Shelby Schewe v. Jack Neithardt/Shelby Schewe as Executor of the Estate of Elizabeth B. Williams, deceased
Published: Jan. 10, 2009 | Result Date: Jul. 2, 2008 | Filing Date: Jan. 1, 1900 |Case number: CV157565 Settlement – $750,000
Court
Santa Cruz Superior
Attorneys
Plaintiff
Defendant
David J. Stock
(Rankin Stock Heaberlin Oneal)
Facts
On March 10, 2007, a vehicle driven by Jack Neithardt hit Elizabeth Williams while she was in a crosswalk. She died eight days later. Williams' children brought an action against Neithardt for wrongful death and filed a survival action on behalf of the estate.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that Neithardt did not stop at a red light and did not see Williams until it was too late for him to stop.
DEFENDANT'S CONTENTIONS:
Neithardt contended that there was nothing to prevent Williams from seeing his vehicle, and that he approached a green light at 18-22 mph.
Settlement Discussions
The plaintiff demanded $1 million and the defense offered $425,000.
Injuries
The claimed injuries included blunt force head trauma, fractured humerus, fractured pubic ramus, fractures tibial plateau, lacerations, and subarachnoid hemorrhage, resulting in death.
Result
The parties settled for $750,000.
Other Information
Allstate insured Neithardt.
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