Facts

Stanley and Sheriden Maiden were vacationing in California from England. On Sept. 17, 2003, while touring wineries in Napa Valley, their rental automobile was struck and crushed by an 80,000 pound tractor and trailer vehicle operated by defendant's driver. The automobile was being driven by Sheriden Maiden who had signalled and was completing a left turn from the highway into a layby on the opposite side of the road.

CONTENTIONS:
The driver of the tractor/trailer claimed she had pulled over to the right and that he felt it safe to overtake her.

Settlement Discussions

Demand: $2 million policy limits.

Damages

Combined wrongful death case by Stanley Maiden, husband of Sheriden Lesley Maiden, deceased, and individually personal injury case by Stanley Maiden. No apportionment or breakdown. Stanley Maiden sought damages for the loss of his wife of 32 years and for personal injuries he sustained. The wrongful death damages were largely non economic damages. The injuries to Mr. Maiden were nasal and facial lacerations and a contused spleen. Medical expenses for both claims in amount of $98,000. Loss of value of household services, $375,000.

Result

Settlement, $1,975,000 (tendered and accepted at mediation).

Other Information

Mediator: Michael Ney, Esq.