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Personal Injury
Auto v. Auto
Wrongful Death

David Coleman, Kathleen Coleman v. Soren Lestat Laney, Maverick Bruno, Carol Laney

Published: Oct. 12, 2013 | Result Date: Apr. 4, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 12CECG00636 Verdict –  $136,234

Court

Fresno Superior


Attorneys

Plaintiff

Lalit Kundani

Jeffrey E. Estes
(Estes & Associates)

Rahul Ravipudi
(Panish | Shea | Ravipudi LLP)


Defendant

Paul A. Auchard
(Law Office of Paul Auchard)


Experts

Defendant

Alan D. Barbour
(medical)

Facts

On Nov. 20, 2011, Clayton Coleman was a passenger in a vehicle driven by his friend, Soren Laney. They collided with another vehicle when entering an intersection, causing Coleman traumatic and ultimately fatal injuries. Medical tests later showed that both Coleman and Laney had been intoxicated at the time, and Laney pleaded no contest to vehicular manslaughter.

Coleman's parents sued Laney, alleging that he was negligent in the operation of his vehicle.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that Laney had been negligent by driving under the influence of alcohol and failing to yield at a stop sign.

DEFENDANTS' CONTENTIONS:
Defendants contended that Coleman had been comparatively negligent because he voluntarily got into the vehicle. Defendants also claimed Laney had only been 19 at the time of the incident and was not of legal age to purchase alcohol. Coleman, who was 21, purchased the alcohol for both of them and drank with Laney before the accident.

Injuries

Coleman sustained multiple traumatic injuries and died approximately a week after the collision.

Result

The jury found in favor of the plaintiffs and awarded them $181,645.79. However, the jury also found that Coleman was 25 percent liable for the accident. The award was reduced to $136,234.

Deliberation

one day

Poll

12-0 (comparative fault), 11-1 (damages)

Length

eight days


#93887

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