Facts

On June 23, 2016, at about 9:30 p.m., plaintiffs Rajesh and Shilpa Gadre were walking together with their 12-year-old daughter and 6-year-old son, Aniket, in the parking lot of Oakridge Mall in San Jose, on route to a restaurant. Defendant Meena Sanghera was driving in the parking lot when she struck Aniket who died at the scene.

Plaintiffs sued Sanghera, his employer, B2B Trade USA Company Inc., and the restaurant, Curry Roots.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that Sanghera was driving at a reasonably safe speed, but was inattentive. Decedent's parents and sister were immediately present and witnessed the fatal collision.

Plaintiffs claimed that Sanghera was driving in the course and scope of his employment.

DEFENDANTS' CONTENTIONS: Defendants denied the allegations and asserted various affirmative defenses.

Insurer

Farmers Insurance

Settlement Discussions

Settlement discussions centered around applicability of various insurance policies, which included an auto policy, umbrella policy, and commercial policies.

Damages

Plaintiffs sought non-economic damages based on wrongful death and bystander liability.

Injuries

Plaintiffs suffered severe emotional distress having witnessed the event.

Result

The case settled for $4.5 million.