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Personal Injury
Auto v. Motorcycle
Wrongful Death

Jane Doe v. Roe Driver, Roe Employer

Published: Dec. 27, 2014 | Result Date: Sep. 19, 2014 | Filing Date: Jan. 1, 1900 |

Settlement –  $2,530,000

Court

L.A. Superior


Attorneys

Plaintiff

Shawn J. McCann
(Banafsheh, Danesh & Javid PC)

Lauren E.S. Horwitz
(Banafsheh, Danesh & Javid PC)


Defendant

Valentina Ambarchyan

Donn Taketa

Dean A. Olson
(Clark Hill LLP)


Facts

John Doe, a 48-year-old motorcyclist, stopped on the shoulder of Interstate 405, when Roe driver lost control of his vehicle and collided with John Doe's motorcycle and another stopped vehicle.

John Doe sustained fatal injuries. Plaintiff is decedent's widow. Plaintiff had no children.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that Roe driver failed to operate his vehicle in a reasonable manner, which resulted in the collision. Plaintiff also claimed that Roe driver was within the course and scope of his employment with Roe employer at the time of the collision.

DEFENDANT'S CONTENTIONS:
Roe driver claimed that he was not responsible for the collision because he suffered a syncope episode that caused him to lose consciousness while operating the vehicle, which exculpated him of all liability.

Roe employer claimed that Roe driver was not in the course of scope of his employment and he was driving his personal vehicle and had not yet reported to work that day.

Result

The case settled for $2.53 million, comprised of a $30,000 payment from Roe driver, and a $2.5 million payment from Roe employer.

Other Information

Roe driver and Roe employer both had motions for summary judgment pending at the time of settlement. FILING DATE: June 6, 2012.


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