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Personal Injury
Auto v. Pedestrian
Wrongful Death

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

Frederick H. Ebey

Thomas P. Dwyer


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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