Anna Marie Luque v. Ray Pereida
Published: Jul. 23, 1994 | Result Date: Jun. 29, 1994 | Filing Date: Jan. 1, 1900 |Case number: PC007304 – $325,000
Judge
Court
L.A. Superior Central West
Attorneys
Plaintiff
Defendant
Facts
On June 30, 1991, Defendant Ray Pereida and Plaintiff Anna Marie Luque's son, an 18-year-old school dropout, were drinking alcohol at the Pereida home before Defendant Pereida's parents returned from a party at approximately 11 p.m. Defendant Maria Pereida, Ray Pereida's mother, gave him the keys to her car and asked him to move it because it was parked "crooked" in the driveway. Ray Pereida, Plaintiff's son, and 2 other male friends took the car for a drive, bought more alcohol, and consumed it at a cemetery. Defendant Ray Pereida was driving home with Plaintiff's son and his 2 other friends as passengers when he lost control of the car and collided with a tree. Plaintiff's son died at the scene. Defendant Ray Pereida's parents, Clemente and Maria Pereida, were also named as Defendants.
Settlement Discussions
Plaintiff contends they made a 25/50 policy limit demand about 2 months after the incident and Defendant's insurance carrier declined payment due to the unresolved claims of the other passengers. Plaintiff further contends they made subsequent policy limit demands which were rejected; Defendant's insurance carrier offered $25,000 several months later. Plaintiff also contends that by this time they had already filed suit and demanded payment of the homeowners' policy for negligent supervision and negligent entrustment.
Injuries
Death of an 18-year-old son.
Result
The jury found Defendant Clemente and Maria Pereida negligent, but also found that their negligence was not a legal cause of the accident.
Deliberation
2.5 days
Poll
Varied
Length
5 days
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