Andrea Villanueva, Emalina Villanueva, Jasmine Villanueva, Emiliano Villanueva v. A&F Engineering, Vila Faleofa
Published: May 5, 2012 | Result Date: May 16, 2011 | Filing Date: Jan. 1, 1900 |Case number: CIV492313 Bench Decision – $4,583,740
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
Facts
Jose Villanueva was on a work assignment at Redwood Shores in Redwood City on Dec. 22, 2009, when Vila Faleofa, his co-worker with A&F Engineering, backup up the truck, running Villanueva over. He died from multiple injuries.
Villanueva's widow and three children made a workers' compensation claim but A&F's workers' compensation insurer, Southern Insurance, rescinded its policy and refused to pay the claim. Villanueva's family then settled with A&F's auto insurance carrier for the $1 million policy limit.
Contentions
PLAINTIFFS' CONTENTIONS:
Villanueva's family filed a wrongful death suit against A&F under Labor Code section 3706.
Damages
The family sought over $2 million in economic damages for lost earnings, benefits, and pension, lost household services, and burial expenses. They also sought damages for loss of love, affection, and companionship.
Result
The court awarded the family $4,583,743 (after applying a $1 million credit for the prior settlement) against A&F. A&F assigned its rights to the Villanueva family and A&F and the Villanuevas have filed a lawsuit against Southern and A&F's broker for insurance bad faith and negligence. That lawsuit is now pending in the San Francisco Superior Court.
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