Confidential
Settlement – $289,999Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Facts
On March 27, 1994, the decedent, an 85-year-old woman, died several hours after an automobile collision between a taxi and the car in which she was a passenger. The taxi was being operated by the defendant taxi driver and owned by the defendant taxi company. The decedent was being driven to church services by the defendant driver, a friend whose wife was also killed in this accident. The plaintiff is decedent's 65-year-old adult daughter.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $199,999 to the defendant taxi company, which was accepted. The plaintiff made a C.C.P. º998 settlement demand for $100,000 (per the defendant) $99,999 (per the plaintiff) to the defendant driver of the vehicle in which the decedent was a passenger. The defendant driver of the vehicle in which the decedent was a passenger offered $90,000.
Damages
The plaintiff claimed $13,125 in damages (medical and burial combined); and in excess of $120,000 in loss of income support.
Injuries
Death of mother.
Other Information
The verdict was reached approximately one year and months after the case was filed. A settlement conference was held before Judge Kawaichi of the Alameda Superior Court. The defendant taxi driver appeared through counsel for the defendant taxi company but was never located nor personally served in connection with this case. The defendant driver of the vehicle in which the plaintiff's decedent was a passenger also sued the taxi company for the wrongful death of his wife. The taxi company settled with the defendant driver on his wrongful death claim in the amount of $125,000.
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