Baker v. Parker
Published: Apr. 15, 2000 | Result Date: Jun. 16, 1999 | Filing Date: Jan. 1, 1900 |Case number: 110994A Verdict – $3,677,000
Judge
Court
Monterey Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Steven H. Anderson
(technical)
Phillip H. Allman III, Ph.D.
(technical)
Defendant
Charles P. Harper
(technical)
Michael Mahoney
(technical)
Facts
On June 15, 1996, plaintiffs, a mother, father and three young children, were traveling northbound in the number
two lane of U.S. 101 in Monterey County at approximately 65 mph. Defendant Melisa Parker was also
traveling northbound on the U.S. 101 in the number one lane at approximately 73 mph.
Defendant Parker lost control of her car when her boyfriend passenger unexpectedly put his hand on her leg.
Both vehicles ran off the road into a plowed field while spinning. PlaintiffsÆ vehicle spun into a telephone pole
which struck the driverÆs door, instantly killing the 39-year-old mother. There were no significant injuries to
the other occupants of the vehicle.
Defendant and her boyfriend passenger, both college students, agreed that when he put his hand on defendantÆs
knee and rested his head on her shoulder, she lost control of the vehicle. After losing control, defendant over-
corrected and thereby struck plaintiffsÆ vehicle.
The plaintiffs brought this action against Parker and Bloom.
Settlement Discussions
The plaintiffs originally demanded $60,000 (policy limit) to settle with defendant Parker only. The original demand was rejected. The $60,000 was later offered on behalf of Parker only after Bloom agreed he would not claim bad faith. This offer was rejected by the plaintiff.
Damages
The plaintiffs were seeking wrongful death damages for the death of wife and mother of three young children. Decedent Bree Baker had planned on rejoining the workforce when her children were old enough. According to plaintiffÆs economist, the present value of her future services and support was $720,000. However, the defendantÆs economist testified that the present value of her future services and support was $181,000.
Other Information
Defendant Parker was found 50 percent liable and her boyfriend was found to be 50 liable. The boyfriend had previously settled with plaintiffs for the available $1.2 million policy limits. A bad faith lawsuit has been filed by both plaintiff Baker and defendant Parker against ParkerÆs insurance carrier.
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