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Personal Injury
Auto v. Pedestrian
Wrongful Death

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

Robert D. Monarch

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


#123101

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