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Personal Injury
Auto v. Motorcycle
Wrongful Death

Maryerie Zavala Berrios, individually and as Guardian ad Litem for William Jesus Jimenez, a minor; Amaris Jiminez; and Jasmine Jiminez v. Heather Renee Holding; Ean Holdings LLC; Enterprise Rent-A-Car Company of Los Angeles LLC; and Does 1 to 100, inclusive

Published: Mar. 29, 2019 | Result Date: Feb. 5, 2019 | Filing Date: Mar. 28, 2017 |

Case number: 17CECG00995 Settlement –  $7,500

Judge

Jeffrey Y. Hamilton Jr.

Court

Fresno County Superior Court


Attorneys

Plaintiff

Antonio Rodriguez Jr.
(Perez, Williams, Medina & Rodriguez LLP)

Marla D. Garcia
(Perez, Williams, Medina & Rodriguez LLP)

Corey A. Miller
(Miller, Miller & Gerber LLP)


Defendant

Robert L. Reisinger
(Ford, Walker, Haggerty & Behar LLP) for Heather Renee Holding

Edye A. Hill
(Ford, Walker, Haggerty & Behar LLP) for Heather Renee Holding

Wesley D. Hurst
(Polsinelli LLP) for EAN Holdings LLC, Enterprise Rent-A-Car LLC

Michael P. Cutler
(Polsinelli PC) for EAN Holdings LLC, Enterprise Rent-A-Car LLC

Ilana G. Zelener
(Polsinelli LLP) for EAN Holdings LLC, Enterprise Rent-A-Car LLC


Facts

Maryerie Berrios, Amaris Jiminez and Jasmine Jiminez filed suit against Heather Holding, Ean Holdings LLC, and Enterprise Rent-A-Car Co. of Los Angeles LLC, in relation to a collision in which William Jimenez was killed. Both parties agreed to a settlement. However, EAN Holdings contested the validity of the settlement.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs raised a cause of action for motor vehicle negligence. Plaintiffs contended that defendants were negligent and that they were the proximate cause of the death of decedent.

DEFENDANTS' CONTENTIONS: Defendants denied the allegations in regard to the collision and asserted various affirmative defenses.

Ean Holdings claimed that the settlement amount of $7,500 was only 13 percent of the total damages of $56,895.

Result

The parties agreed to a settlement in which defendants agreed to pay plaintiffs $7,500. The court then confirmed the settlement, finding that the settlement was negotiated and made in good faith.


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