Confidential
Settlement – $3,000,000Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Jeffrey A. Koncius
(Kiesel Law LLP)
Defendant
Facts
On Jan. 9, 1998, the plaintiff, a 34-year-old female, and her husband, a 32-year-old fireman, had picked up their 4-year-old daughter from parochial school in Long Beach. The plaintiff's 3-year-old son was also a passenger in the car. The adult male decedent supported three children and two of the wife's children from a prior marriage. A bobtail, a tractor without trailer, driven by one of the defendants was traveling in the opposite direction, lost control, crossed the median barrier and collided with plaintiff's vehicle. The husband died at the scene. The daughter was dead on arrival at the hospital. The police inspection indicated that the brakes had been improperly adjusted by the employer. The plaintiffs brought this action against the defendants based on negligence and product liability.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $3 million (policy limits). The defendants made an initial offer of $1.25 million.
Damages
The present value of loss of support was $1.5 million. The plaintiff mother's wage loss claim was $8,000. Funeral and burial expenses for the father and daughter were $8,229.49. Miscellaneous medical bills for all the parties were approximately $10,000.
Injuries
The plaintiff mother pursued claims for the wrongful death of her husband and daughter, for negligent infliction of emotional distress, and for a displaced fracture of her arm, which required surgery. The plaintiff son had claims for negligent infliction of emotional distress and for lacerations and bruising. Two other children brought claims for loss of support.
Other Information
The settlement was reached approximately seven months after the case was filed. The case settled during a voluntary settlement conference with retired judge Robert Thomas of ADR.
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