David Ellis, Sean Ellis, Tyler Ellis, individuals and heirs at law of decedent Roberta Ellis v. William Holman, administrator of the Estate of Leota Holman, deceased; William Holman, an individual
Published: Jul. 7, 2009 | Result Date: Jan. 5, 2009 | Filing Date: Jan. 1, 1900 |Case number: 97CC07021 Verdict – Mixed Verdict
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Christopher P. Wesierski
(Wesierski & Zurek LLP)
Facts
On May 24, 2006, Leota Holman, age 78, drove her vehicle in the wrong direction on the 241 toll road causing a head-on collision with Roberta Ellis, age 45. Both were killed instantly.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiffs contended that the decedent defendant was incapable of driving, and her husband, who owned the car, should have taken away her license. The husband knew she had Alzheimer's and told her doctor of the problems with decedent defendant.
DEFENDANT'S CONTENTIONS:
The defendant contended that even the decedent defendant's own doctor did not take away her license, nor did the police who were called out to the house on numerous dates before the date of the incident.
Settlement Discussions
The plaintiffs demanded $450,000 (as per plaintiff's counsel); $1 million (as per defense counsel). The defendant offered $100,000.
Result
Defense verdict on the negligent entrustment case as against William Holman. The parties settled for defendant's policy limits of $100,000 after a liability verdict as to the Estate of Leota Holman.
Other Information
Trial was bifurcated as to liability.
Poll
11-1 (liability)
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