Fuerst v. Tuccinardi
Published: Aug. 14, 1999 | Result Date: Jul. 16, 1999 | Filing Date: Jan. 1, 1900 |Case number: BC173763 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Samuel D. Almon
(Makarem & Associates APLC)
Steven C. Price
(Marron Lawyers APC)
Defendant
Linda S. Marks
(Judicate West)
Experts
Plaintiff
Jana Martin
(medical)
Patricia Baltazar
(medical)
James K. Ribe
(medical)
Defendant
Michael M. Baden
(medical)
Facts
On the night of June 29, 1996, defendant Lorrie Tuccinardi was involved in an altercation with decedent Karen Tuccinardi, a 54-year-old project analyst and his wife of 27 years. The decedent wife had allegedly become increasingly frustrated and annoyed with the defendant, who had suffered from depression for two years preceding the incident. The altercation, which took place in their home, resulted in the death of the decedent when she fell and was impaled on a knife. At the time of the incident, two of the decedent's children were at home. Plaintiffs Karla Fuerst, 34 years old, the decedent's developmentally disabled adult child from a previous marriage, Jennifer Tuccinardi (16), Jason Tuccinardi (24) and Daniel Tuccinardi (18) brought this action against their stepfather and father based on wrongful death and infliction of emotional distress theories of recovery.
Settlement Discussions
Each plaintiff made a C.C.P. º998 offers in May 1998 which totaled $2.7 million. The plaintiffs requested $10 million at trial.
Damages
All plaintiffs claimed damages for the wrongful death of their mother. In addition, plaintiff Fuerst, who was still living with her mother due to her disability, claimed damages of $2,400 for future care, and punitive damages for intentional infliction of emotional distress. Plaintiff Jennifer Tuccinardi also claimed damages for future care and punitive damages.
Injuries
The plaintiffs' 54-year-old mother died from a knife wound to her carotid artery.
Result
EXPERT TESTIMONY: Defendant's expert Dr. Ronald Swerdloff, endocrinologist, testified that the decedent's enlarged thyroid, which was found at her autopsy, may have contributed to both physical and emotional changes that were observed in her the year before her death.
Other Information
The verdict was reached approximately two years and sixteen days after the case was filed. A mediation was held on May 22, 1999, before Hon Keith Wisot, retired of JAMS/Endispute, resulting in no settlement. In July 1997, the defendant was tried and acquitted for murder in Los Angeles Superior Court Torrance. Probate proceedings were concurrently filed seeking to have defendant's eldest son appointed administrator. The civil case was initially filed in Torrance on June 30, 1997, however was transferred as a long cause case to Los Angeles Civil Central West. The plaintiffs proceeded to try their case on negligence and intentional theories of wrongful death. The defendant filed a motion for nonsuit regarding all causes of action which was denied, however, the court did not find any evidence to support a negligence cause of action and the jury was not instructed on negligence.
Deliberation
one day
Poll
12-0
Length
six weeks
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