Facts

On July 15, 2010, while walking across a crosswalk, Gigi Darwish was struck and killed by defendant Reyna Castellon who was driving a 2006 Saturn vehicle on her way to work. Defendants John and Dana Kibler employed Castellon at the time as a nanny.

PLAINTIFF'S CONTENTIONS:
Plaintiffs Hossam Tawfik, 55, the decedent's husband and their four children, Ahmed, Rana, Nouran and Nermin, claimed that defendant Castellon, was acting within the course and scope of her employment with the Kibler's at the time of the collision and that they were entitled to recover damages from all defendants.

DEFENDANT'S CONTENTIONS:
Castellon admitted fault for the collision, and there was no dispute regarding the cause or effect of the collision or the cause of death of Tawfik.

Defendant John and Dana Kibler, as Castellon's employers, denied that Castellon was acting within the course and scope of her employment at the time of the collision

All defendants disputed the extent of damages incurred by plaintiffs.

Damages

Plaintiffs claimed damages in the amount of approximately $750,000 in lost earnings and approximately $3 million in pain and suffering.

Injuries

Darwish was rushed to the hospital via ambulance where she died shortly thereafter.

Result

The parties resolved this matter on the day of trial for $2 million.

Other Information

INSURER: Great American.