Confidential
Settlement – $2,350,000Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
Paul F. Sullivan
(Paul F. Sullivan & Associates APC)
Experts
Plaintiff
Laurel Rose
(technical)
John E. Nordstrand
(technical)
Defendant
Marianne Inouye MBA
(technical)
Facts
On Aug. 22, 2003, at about 8:50 p.m., the defendant McDermut, was operating her 2002 Ford Explorer, northbound on Hot Springs Road in Montecito. The weather was clear and the roadway was flat and dry. The plaintiff, Laurel Rose, 62, and her husband, Joseph Cohn, 67, together with Carol Spungen and Aaron Lieberman, were walking northbound in a single file fashion along the far right side of the bicycle lane on Hot Springs Road. One of the group was carrying a flashlight and shining it both forward and to the rear as they walked. Rose was ahead and slightly to the right of her husband at the moment of impact, and was actually holding his hand when McDermut's vehicle came into contact with him. As McDermut approached Cohn and the other pedestrians, the plaintiff claimed the defendant suddenly swerved her vehicle abruptly to the right and traveled across the bicycle lane to the shoulder of the roadway where Rose, Cohn, and the other pedestrians were walking. McDermut struck Cohn from behind with such force that he was flung onto the hood of her vehicle and then propelled forward through the air and into the back of Spungen, who had been walking several feet ahead of Cohn. Cohn's injuries were fatal. Laurel Rose, the wife of the deceased, sued for wrongful death and for emotional distress (Dillon v. Legg) The decedent's children and stepchild sued for the wrongful death of the decedent. Carol Spungen and Aaron Lieberman had not, as of the date of mediation, filed a lawsuit. Spungen claimed for torn ligament knee injury and emotional distress. Spungen's medical expenses totaled approximately $7,000.
Settlement Discussions
At mediation before Kevin McIvers of Judicate West, the underlying and excess (umbrella) carrier tendered their respective policies of $500,000 and $2 million during the mediation of which $2,350,000 went to the widow and children and stepchildren of the decedent and $150,000 went to Carol Spungen and Aaron Lieberman.
Damages
Loss of a husband, father and stepfather. Future lost earnings were estimated at between $500,000 and $700,000.
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