Elsye Lovejoy, Diana Lovejoy, Jeanette Ehresman v. Estate of Harriet Ann Vissher, Elizabeth Scott Vissher Read, trustee of the Harriet Ann Vissher Trust
Published: May 23, 2009 | Result Date: Apr. 27, 2009 | Filing Date: Jan. 1, 1900 |Case number: 1268290 Verdict – $814,055
Court
Santa Barbara Superior
Attorneys
Plaintiff
Mark O. Hiepler
(Hiepler & Hiepler)
Terry L. Tron
(Tron & Tron)
Defendant
Experts
Plaintiff
Darryl R. Zengler M.A.
(technical)
Defendant
Ted Vavoulis
(technical)
Facts
The accident occurred at the intersection of Highway 154 and Alamo Pintado Road in Los Olivos on March 18, 2008. Harriet Visscher, age 87, was driving a motor vehicle northbound on Highway 154. Lawrence Lovejoy, age 73, was approaching the intersection on his Honda Goldwing motorcycle. Harriet Visscher turned directly into Lawrence Lovejoy's path and he did not have time to avoid the collision. He collided head-on into the right side of Harriet Visscher's vehicle. Lawrence Lovejoy died from the injuries he suffered in the accident. Six hours following the collision, Harriet Visscher died from a heart attack.
Lovejoy's widow, Elsye Lovejoy, 75, and his two adult daughters, Diane Lovejoy and Jeanette Ehresman, were the plaintiffs. The defendant was the estate and trust of Harriet Visscher.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that Harriet Visscher made a left turn onto Alamo Pintado Avenue without properly yielding to Lawrence Lovejoy.
DEFENDANTS' CONTENTIONS:
Defendants contended that Mr. Lovejoy had a reduced life expectancy and all economic and non-economic loss suffered by Mrs. Lovejoy and the Lovejoy daughters should not exceed $600,000.
Settlement Discussions
According to defense counsel: Plaintiffs served two statutory offers before trial, first for $4,999,999, and a second for $1,099,999. Defendants served one pretrial statutory offer in the amount of 755,000.
Damages
Lawrence Lovejoy was a former California Highway Patrol officer, released due to a disability in 1984. At the time of his death, he was a part-time employee with Cal State Auto Parts working in the deliveries department earning an hourly wage of $9. The decedent had a statistical life expectancy of 11.7 years. According to defense counsel, plaintiffs also alleged a reduction in Social Security and pension payments to Mr. Lovejoy's widow, and loss of household services he provided.
Result
In a 12-0 verdict, the jury awarded $814,055 to the plaintiffs, $138,000 of which was determined to be the amount of future financial support that Mr. Lovejoy would have contributed to the plaintiffs.
Other Information
The plaintiffs are submitting a costs bill.
Deliberation
eight hours
Poll
12-0
Length
four days
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