Nicole Villanueva, by and through her Guardian ad Litem, Lucia Silva, Lucia Silva individually v. Christina Estrada, Carlos Estrada, Aurora Estrada
Published: Jan. 6, 2004 | Result Date: Nov. 21, 2003 | Filing Date: Jan. 1, 1900 |Case number: 02CC15613 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
David N. Shaver
(Bunt & Shaver LLP)
Defendant
Jay S. McClaugherty
(McClaugherty & Associates)
Experts
Plaintiff
Stanley H. Meyers
(technical)
Philip J. Kellman
(medical)
Joyce Elaine Pickersgill
(technical)
Defendant
Richard S. Hanson
(technical)
Marcelline Burns
(technical)
Terence C. Honikman
(technical)
Arthur P. Ginsburg
(medical)
Facts
On Jan. 26, 2002, at approximately 8 p.m., the mother of a 2-year-old girl, walked across five lanes of traffic and was hit by the defendant's vehicle and was killed. The plaintiffs contended that the defendant driver should have seen the decedent in the street because she walked across five lanes of traffic and could have avoided the accident. The defendant contended that she did not see the decedent in the street due to her dark clothing and that the plaintiff was comparatively negligent because of her drug use.
Settlement Discussions
The defendant offered $150,000 before trial, to be put in a structured settlement for the child, but the plaintiff rejected this offer. The plaintiff demanded $250,000 before trial, and the demand subsequently came down to $175,000 just prior to trial.
Damages
Fatal injuries of a mother of a two year-old child.
Injuries
Fatal injuries of a mother of a 2-year-old child.
Deliberation
half hour
Poll
12-0
Length
five days
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