Facts

One late morning, Atefeh Bijan, a 75-year-old retired woman, was crossing an intersection in an unincorporated area of Menlo Park. She was walking within the crosswalk when she was hit by a sports car driven by defendant Adele Elliott. The defendant did not realize she hit a person and while attempting to pull her car out of the way of traffic, she ran over Bijan and dragged her 57 feet. Bijan died.

PLAINTIFFS' CONTENTIONS:
Bijan's adult children sued the defendant, alleging that her negligent operation of her car resulted in their mother's wrongful death. They argued that the defendant's mind must have been elsewhere in order to hit an old woman walking slowly in the street and not even be aware of it.

DEFENDANT'S CONTENTIONS:
The defendant admitted liability. She accepted responsibility of Bijan's death and resulting damages.

Settlement Discussions

The plaintiffs made a demand of $1.5 million; defendant's offer was $1 million. Further, the excess insurance carrier, offered to try the case to a jury with a high-low limit of $1.5 million and $750,000.

Damages

The plaintiffs sought $7.9 million for loss of love and companionship. They asserted their relationship with Bijan was very close. They all lived within a few miles of their mother, talked to her daily and saw her weekly. Their demand of $7.9 million was based on $20,000 per year for a 12.3 year life expectancy, per plaintiff for each component of the wrongful death charges: loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training and guidance.

Result

The jury found in favor of plaintiffs and awarded them $375,000, which was to be split equally among the three children.

Deliberation

2.5 hours

Poll

12-0

Length

six days