Stewart Nickless, et al. v. Estate of John Paul Renzi and Doe physician
Published: Mar. 9, 1996 | Result Date: Dec. 27, 1996 | Filing Date: Jan. 1, 1900 |Case number: 712858 – $2,800,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Morton H. Field
(medical)
Alan Bassman
(technical)
Paul Satz
(medical)
Michael Fischer
(medical)
Donald F. Nortman M.D.
(medical)
Lawrence V. Majovski
(medical)
Alan Schramm
(medical)
Defendant
Stephen Ashwal
(medical)
Alan Wilkerson
(medical)
Theodore Vavoulis
(technical)
George K. Henry Ph.D.
(medical)
Michael G. Bush
(medical)
Facts
On May 15, 1993, the decedent, Cynthia Nickless, a 34-year-old homemaker, was on her way to church with her three young daughters in her Volvo station wagon. Traveling in the opposite direction on Sand Canyon Boulevard in Irvine was a pick-up truck driven by the defendant, John Paul Renzi, a severe diabetic who was on dialysis. The defendant driver apparently suffered a blackout or diabetic coma at which time his vehicle swerved violently across the roadway and struck the decedent's Volvo head-on. Both the defendant, John Renzi, and the decedent, Cynthia Nickless, were killed instantly. The Nickless children, Alexandria, age 8, Kali, age 4 and Paige, age 2, were all seriously injured. The initial lawsuit against the defendant driver's estate resulted in the Renzi insurance carrier paying the $300,000 policy limits although the plaintiffs' attorney claimed that the carrier delayed unnecessarily and therefore committed "bad faith." A partial settlement agreement and covenant not to execute (executed with the defendant driver's, Renzi's, private "cumis" counsel) resulted in Stewart, Alexandria, Kali and Paige Nickless (the "Nickless plaintiffs") continuing to pursue the defendant, Estate of John Paul Renzi. The Nickless plaintiffs, as well as the heirs of the defendant driver, John Paul Renzi, also filed separate medical malpractice cases against several physicians who had treated the defendant driver, Renzi, and allegedly failed to notify the authorities to restrict his driving privileges. Those cases were bifurcated and tried on liability only. In August of 1995, after a month long trial, the jury returned a liability verdict against one of the defendant physicians finding him 45% comparatively liable for the accident. The present trial involved damages only by the Nickless plaintiffs against the defendant, Estate of John Paul Renzi, and the defendant nephrologist and the Renzi plaintiffs against the defendant nephrologist.
Settlement Discussions
The automobile insurance carrier for the defendant, John Paul Renzi, offered and paid $300,000 (policy limit) in 1994. The Nickless and Renzi plaintiffs made a $3,000,000 joint settlement demand prior to the damage phase of the trial. The Renzi plaintiffs demanded $400,000 before the liability trial and $983,000 before the damages trial. The defendant physician offered $1,000,000 policy limits (total) to the Nickless plaintiffs and the Renzi plaintiffs. The defendant physician settled with the Nickless plaintiffs during trial for $950,000 and $950,000 was also paid to the Renzi plaintiffs for a total settlement of $1,900,000.
Specials in Evidence
$95,300 (Nickless children) $102,577 (Cynthia Nickless) and $120,000 (John Paul Renzi) $1,200,000 (Cynthia Nickless) and $2,300,000 (John Paul Renzi) $56,500 (Nickless children)
Damages
The Nickless plaintiffs claimed $8,000 in burial expenses. The Renzi plaintiffs claimed $16,000 in funeral and other financial loss.
Injuries
Death of a 34-year-old wife and mother survived by her 29-year-old husband, Stewart Nickless, and their three daughters. The Nickless children also alleged that they sustained multiple injuries, skull fractures, lacerations and fractured extremities as a result of the accident.
Other Information
The jury awarded $2,800,000 (total) for the Nickless plaintiffs. The Nickles plaintiffs' settlement with the defendant physician resulted in one of several MICRA related credits/off-sets for the defendant, Estate of John Paul Renzi. The net verdict against the defendant, Estate of John Paul Renzi, was $1,576,152. The defendant suggested a gross award in the area of $1,000,000 to $2,000,000 and the Nickless plaintiffs asked the jury to award $5,000,000. By an assignment from the Renzi family, the Nickless plaintiffs will pursue a bad faith and legal malpractice case against the defendant driver's, Renzi's, automobile insurer and lawyer in an effort to collect damages beyond the $300,000 policy limits previously paid, including the $1,576,152 plus punitive damages.
Deliberation
5 hours
Poll
12-0 days
Length
12 days
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