Facts

This case arose from the brutal bludgeoning murder of Iryna Singerman, a young model, in July 2005. After murdering Iryna, her murderer, Brian Joseph Cullen, fled to Mexico and then committed suicide.

Iryna's surviving spouse, Ronald Singerman, her mother Nina Podoshva, and her father Alexander Podoshva sued Cullen's estate for her wrongful death and for the resulting injury to them as her survivors. They also sued Cullen's adult son, Jason Cullen and father William P. Cullen Sr. for fraudulently transferring Cullen's considerable assets.

At the time of the murder, Cullen was described in news reports as a multi-millionaire and a scam artist. However, after he committed suicide, his family refused to open probate, claiming he had died penniless. With no probate estate, the plaintiffs could not sue the Cullen Estate for their damages.

In order to preserve their rights against the Cullen Estate, plaintiff Ronald Singerman opened probate on the Cullen Estate himself, in his capacity as a creditor. The plaintiffs then filed creditor claims against the estate. The probate court appointed Ronald Singerman as the estate administrator, over the objections of Cullen's family. This allowed plaintiffs to sue the Cullen Estate for the murder of Iryna. It also placed Ronald Singerman in the unusual position of being both plaintiff and defendant in this wrongful death lawsuit.

After filing suit against the Cullen Estate and the other defendants, the plaintiffs traced Cullen's assets through a maze of aliases and sham entities, finding evidence of numerous fraudulent transfers by defendants Jason M. Cullen and William P. Cullen Sr.

The plaintiffs prevailed on all their claims, against all defendants.

PLAINTIFF'S CONTENTIONS:
The plaintiffs contended that the defendant Cullen Estate is liable for wrongful death and for the survival action, due to the actions of the late Brian Joseph Cullen. The plaintiffs also contended that defendants Jason M. Cullen and William P. Cullen Sr. are liable as successors-in-interest to the late Cullen for acts he committed when he was alive, and that they are also liable for fraudulent transfers of the late Cullen's assets. They committed the fraudulent transfers as co-conspirators with Cullen to evade creditors, plaintiffs being among those creditors.

DEFENDANT'S CONTENTIONS:
The defendants conceded that Brian Joseph Cullen murdered Iryna. Defendants Jason Cullen and William P. Cullen Sr., who appeared in pro per, offered general denials to the allegations against them.

Result

In a tentative decision, the Hon. Paul Gutman found for plaintiffs in the amounts of $2,736,385 for wrongful death; $13,250 on the survival action; and $1,008,197 for fraudulent transfer.

Other Information

FILING DAT: Aug. 23, 2006.