Facts

On Feb. 12, 2008, Brian and Patricia Buzenus were riding on a Harley-Davidson motorcycle with friends while on vacation. They were near Needles heading southbound on U.S. 95. A Doe Company employee, driving a 2006 Honda Civic Hybrid northbound on U.S. 95, made a left turn in front of the motorcycle. Buzenus' motorcycle struck the right rear of the Honda Civic. Patricia Buzenus was ejected from the motorcycle and died at the scene.

Brian Buzenus was 56 years old and Patricia Buzenus was 53 years old at the time of the crash. They had been married 34 years and had three adult children. The Buzenus family lived in Alberta, Canada.

Post death, Brian Buzenus inherited Patricia Buzenuss stock in their company. Plaintiffs filed a motion in limine citing McLaughlin v. United Railroads (1915) 169 Cal.494, 496-498; and Stathos v. Lemich (1963) 213 Cal.App.2d 52, 55, to prevent the defense from introducing the pre- and post-accident earnings of Brian Buzenus. Brian Buzenus's earnings had increased substantially after his wife's death.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that the measure of economic damages per CACI 3921 is not the "loss of income" suffered by the surviving spouse, but the "amount of financial support" decedent would have contributed over her expected work life.

DEFENDANT'S CONTENTIONS:
Initially, Doe Company denied Request for Admissions as to their liability for the collision. Shortly before the trial, Doe Company admitted legal responsibility for the accident but contested the extent of the damages.

Defendants contended that Brian Buzenus had a diminished life expectancy due to an increased risk of an adverse cardiac event due to family history and elevated cholesterol and blood pressure findings.

Doe Company contended that Patricia Buzenus admittedly only worked 20 to 25 hours weekly, that she primarily functioned as a bookkeeper, that her husband earned the money and that Patricia Buzenus's earnings were really a profit pass-through used to take advantage of Canadian tax laws and the Buzenus family's taxes. Doe Company contended that the better measure of her value was to compare her earnings to similar professions where the average yearly compensation was for less. Doe Company also noted that Canadian women typically retire at age 58 to 60, that the Buzenus' were very wealthy, that they were on a month-long vacation when the incident happened, and that it was unlikely that Patricia Buzenus would continue to work once her husband, who was two years older, retired.

Doe Company contended that the loss of Patricia Buzenus's support was $600,000 to $1.3 million. Doe Company intended to argue that Brian Buzenus had inherited Patricia Buzenus's share of the company and would imply that there had been no business loss as a result of Patricia Buzenus's death.

Settlement Discussions

Plaintiff made an initial demand of $17.5 million, which was lowered to $11.5 million (policy limits). The lower demand was made via CCP 998. Defendant made an initial offer of $4 million, which was raised to $7.5 million shortly before trial. The higher offer was made via CCP 998.

Damages

Brian Buzenus and the adult children made non-economic loss claims for the loss of love, care, comfort, and society of Patricia Buzenus. Brian Buzenus made an economic loss claim in excess of $2,000,000 based on his wife's economic contribution towards the family business.

Injuries

Brian Buzenus suffered scapula fracture and pneumothorax. While he was airlifted to Las Vegas for treatment and had $75,000 in past medical expenses, he had made a nearly complete physical recovery by the time of trial. Brian Buzenus also made a claim for negligent infliction of emotional distress as a result of witnessing the fatal collision that killed his wife.

Result

The case settled for $8,750,000 for all claims.

Other Information

MEDIATOR: Hon. John w. Kennedy Jr., retired, JAMS. INSURER: Safeco Insurance Company, insured the defendant driver Travelers Insurance Company, insured the defendant employer Doe Company.