Jill Parkison, Darren Mitchell Sherman Parkison, Hillary Clare Sherman Parkison, Garrett Bradley Sherman Parkison v. Taryn Stout, Edward Stout, Dolores Stout
Published: Jul. 27, 2013 | Result Date: Feb. 11, 2013 | Filing Date: Jan. 1, 1900 |Case number: 30-2012-00555611 Settlement – $250,000
Court
Orange Superior
Attorneys
Plaintiff
Thomas E. Rockett
(Law Offices of Thomas E. Rockett III)
Defendant
Robert W. Armstrong II
(Demler, Armstrong & Rowland LLP)
Timothy J. Lippert
(Demler, Armstrong & Rowland)
Experts
Defendant
Eugene Vanderpol II
(technical)
Facts
On Aug. 10, 2011, San Bernardino Sheriff's detective, Duane Parkison, 42, sustained fatal injuries when he got a flat tire and fell off his bicycle into the path of a Mercedes SUV driven by defendant Taryn Stout on Shady Canyon Road in Irvine.
Parkison's wife and three minor children, (ages 16, 13 and 5) sued Taryn, her husband, Edward Stout, and Edward's mother, Dolores Stout for wrongful death. (Dolores was a co-registered owner of the Mercedes).
The Irvine Police Department concluded that Stout was at fault for following too closely.
Contentions
DEFENDANT'S CONTENTIONS:
Defendants disputed liability. Defendants contended that the police investigation of the accident was biased and deeply flawed; that Taryn did not have sufficient time to react to the decedent's fall; and that it was an unavoidable accident.
Settlement Discussions
Plaintiffs made a CCP 998 demand of $400,000. Plaintiffs' attorney asserted that defendants would not settle the case without a personal contribution. Defendants offered $250,000 policy limits.
Damages
Plaintiffs claimed loss of future financial support in the amount of $115,000 per year, plus unspecified non-economic damages.
Result
The case settled for $250,000 policy limits.
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