Confidential
Settlement – $700,000Judge
Court
L.A. Superior Compton
Attorneys
Plaintiff
Defendant
Andrea E. Ross
(Office of the Los Angeles County Counsel)
Experts
Plaintiff
Jacob E. Tauber M.D.
(medical)
Stephen A. Blewett
(technical)
Defendant
John Hochman
(medical)
Jon B. Landerville P.E.
(technical)
A. Jubin Merati Ph.D.
(technical)
Facts
The plaintiffs, one of whom was a minor, brought a wrongful death action against the defendants for the death of their mother who was the common law wife of the co-plaintiff. The decedent was the sole passenger in a pick-up truck driven by the co-plaintiff who was westbound on Walnut Avenue in the City of Compton. An 18-wheel big rig traveling eastbound on the same street made a left turn in front of the plaintiff's pick-up truck, causing the plaintiff to swerve to avoid a collision. As a consequence, the plaintiff's vehicle struck a tree head-on.
Settlement Discussions
Settlement at $750,000.
Damages
Funeral and burial expenses totaled approximately $10,000.
Injuries
The plaintiff driver suffered a broken sternum and small facial lacerations. The plaintiffs, the children of the decedent, suffered loss of affection, comfort and society of their mother.
Other Information
The co-plaintiff driver, who was physically injured in the accident, claimed that he was entitled to recover emotional distress damages as a direct victim for witnessing the death of the decedent, to whom he was not married. The plaintiff relied on Long v. PKS Inc. (1993) 12 Cal.App.4th 1293, which held that a plaintiff who suffers physical injuries in an accident that results in the death of a loved one may recover emotional distress damages even though the plaintiff and the decedent were not closely related. The plaintiff also relied on Burgess v. Superior Court (1992) 2 Cal. 4th 1064. Under the direct victim rule of Burgess and Long, the requirement of closely related (marriage) is not a threshold element that must be proved in order for a physically injured plaintiff to recover emotional distress damages for the loss of a loved one.
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