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CONFIDENTIAL

Aug. 16, 1997

Personal Injury
Wrongful Death
Auto v. Pedestrian

Confidential

Settlement –  $5,700,000

Judge

Chris R. Conway

Court

L.A. Superior Norwalk


Attorneys

Plaintiff

John P. McNicholas

Eric A. Gowey


Defendant

Jonathan Kelson

Dana A. Fox
(Lewis, Brisbois, Bisgaard & Smith LLP)


Facts

On June 15, 1996, the plaintiffs' decedents, 41- and 51-year-old working mothers, were struck in a crosswalk and thrown 100 feet while crossing at a controlled intersection. They died within minutes. The defendant driver, a 19-year-old man, fell asleep driving the defendant employer's +-ton truck, striking both decedents in the crosswalk at approximately 45 mph. The defendant driver had just left the defendant employer's annual company picnic, where he had been drinking beer throughout the day. (Although not of legal drinking age, he admitted to drinking "four, five or six beers" at the company picnic.) The plaintiffs brought this action against the driver and his employer based on negligence and respondeat superior theories of recovery.

Settlement Discussions

The settlement discussions were not disclosed.

Specials in Evidence

$935,781 (survivors of 40-year-old decedent); $237,239 (survivors of 51-year-old decedent). $935,781 (survivors of the 41-year-old decedent); $237,239 (survivors of the 51-year-old decedent)

Injuries

Death of a 40-year-old wife/mother and a 51-year-old mother.

Other Information

The settlement was reached approximately eight months after the case was filed. The settlement of case No 2 included one decedent's minor grandaughter who was living with, and financially supported by, the decedent at the time of her death.


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