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
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
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