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Torts
Wrongful Death
Auto v. Pedestrian

Summer Dawn Osborn v. Richard Virrill Anzaldua

Published: Oct. 11, 2001 | Result Date: Mar. 21, 2001 | Filing Date: Jan. 1, 1900 |

Case number: 99CV970 –  $0

Judge

Jonathan Hays

Court

Washington District


Attorneys

Plaintiff

Jordan Scott Levine


Defendant

Kim Robert Houtchens


Experts

Defendant

Richard M. Ziernicki P.E., Ph.D.
(technical)

Facts

On Jan. 15, 1999, Jacqueline Ellicott crossed 31st street when a truck driven by defendant, Richard Anzaldua, struck and killed her. She was five months pregnant. Summer Dawn Osborn is the daughter of Jacqueline Ellicott. Defendant alleged that he did not see the decedent who was wearing dark clothes. Defendant also alleged that she was not crossing in a crosswalk, and she had enough time to see his vehicle approaching.

Settlement Discussions

There was a $50,000 policy limit demand before trial and a $30,000 statutory offer of settlement.

Injuries

Death of plaintiffÆs mother. Ellicott who was five months pregnant was disabled and unemployed at the time of her death. There was a $500,000-$800,000 claim for non-economic losses.


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