Confidential
Settlement – $1,000,000Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Defendant
Scott A. Cox
(Law Offices of John A. Hauser)
Facts
On Jan. 3, 1996, defendant was driving a 16,000-pound dump truck with an 8,000-pound load on the number four lane of westbound I-10 freeway, when the decedent, who was driving a 1971 Ford LTD Sedan crashed into the rear of the truck. The plaintiff, the decedent's five adult children brought this wrongful death action against the defendant.
Settlement Discussions
The plaintiffs demanded $1 million before trial. The defendant offered $125,000 before trial.
Damages
$3,312 (hospital and related expenses); $11,863 (burial and related expenses); $1,500 (fair market value of 1971 Ford LTD).
Other Information
Decedent was uninsured at the time of the accident. Case initially set for trial in February 1998. Defendants granted writ by Second District in published opinion holding that decedent's heirs were not entitled to non-economic damages pursuant to Proposition 213. The California Supreme Court, who decided that Proposition 213's prescription against non-economic damages does not apply in wrongful death cases, reversed the Second District's decision and instructed them to deny the writ.
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