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Personal Injury
Negligence
Wrongful Death

Brandon Myers, Jason Myers, Bobette Myers, Lyneeca Myers-Negus, et al. v. David Ybarra, individually and dba Comm Electric, Brent Norman

Published: Oct. 12, 2004 | Result Date: May 24, 2004 | Filing Date: Jan. 1, 1900 |

Case number: 01CECG02450 Verdict –  $0

Judge

Hilary Chittick

Court

Fresno Superior


Attorneys

Plaintiff

Timothy M. Hamilton
(Walker, Hamilton & Koenig LLP)

Michele Belanger-McNair


Defendant

David H. Tennant


Experts

Plaintiff

Stanley D. Dorrance
(technical)

Allen Kleinman
(medical)

Richard Nordstrom
(technical)

Defendant

Ted Vavoulis
(technical)

Facts

Brent Norman was convicted and sentenced to prison for felony manslaughter. On July 20, 2000, Norman caused a fatal car accident when he fled from police officers in a pickup truck. The truck ran into a vehicle driven by the Wiley family, forcing it into oncoming traffic. The Wileys' vehicle collided head-on with Leonard Myers' car. Myers and David Wiley were killed. Norman had a blood alcohol content of 0.29 at the time of the accident. The Myers and Wiley families, respectively, sued Norman and his employer, David Ybarra, and alleged that Norman was acting in the course and scope of his employment at the time of the accident.

Settlement Discussions

According to Ybarra, the plaintiffs' demand exceeded their $1 million policy limits. They offered $50,000 to each family.

Damages

According to Norman and Ybarra, Negus sought $21,000 in past medical expenses. The Myers and Wiley families, respectively, sought damages in excess of $6 million.

Injuries

Leonard Myers and David Wiley died in the accident. Susan Wiley suffered a closed-head injury, fractured right arm and emotional trauma. Keenan Wiley sustained soft-tissue injuries and emotional trauma. Duane Negus, a passenger in Myers' car, had soft-tissue injuries to her neck and upper back.

Deliberation

3 hours

Poll

9-3

Length

11 days


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