Confidential
Settlement – $1,125,000Facts
This suit is an action for wrongful death brought by the family of the decedent, Sam Hauter, who was a passenger in the 2001 Honda Accord, driven by Bashir Sheba, traveling eastbound on West Main Street in Stanislaus County. The fatal accident occurred at night on Aug. 23, 2001 when a westbound 1999 Hyundai driven by Irma Kurtz swerved across the center line in an attempt to avoid a slow-moving tractor, driven by Andrew Bettencourt, which was being driven on the highway without the necessary lighting. The tractor was not seen by the westbound driver, Kurtz, until she had almost overtaken it. She partially moved into the oncoming lane of traffic to avoid hitting the tractor. The plaintiff, Bashi Sheba, the driver of the car in which Sam Hauter was a passenger, also a plaintiff herein, allegedly exceeded the speed limit and there was no evidence of braking or steering by him prior to impact. Upon impact with Kurtz's vehicle, the Sheba vehicle went out of control and rolled over causing major damage to the vehicle and the death of Sam Hauter. Andrew Bettencourt was operating a 1966 John Deer tractor at a slow speed partially on the traveled part of the roadway when he could have been traveling entirely on the shoulder which was 25 feet wide. The tractor should not have been operated at night on a public road. The California Highway Patrol investigating officers determined that the tractor was in violation of California Vehicle Code Section 25803 (A); failure to equip the tractor with a red rear light visible from 500 feet. There was a white light shining at the rear of the tractor that so confused Kurtz that she believed a truck was coming in her lane. She tried to brake which caused her to go into oncoming traffic resulting in the death of Sam Hauter.
Settlement Discussions
The case settled for the policy limits of each defendant, for a total of $1,125,000. Policy limits of Sheba Bashir were $100,000.
Specials in Evidence
$175,000
Damages
Wrongful death of Sam Hauter, 49, survived by nine children, aged between 7 and 31. He owned and operated a grocery store in Paterson. He provided support, paid for education and provided business opportunities for his children. Overall loss of income of approximately $1.5 million. Burial expenses of $15,000.
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