Facts

Michael Stoll, a 19-year-old member of the U.S. Army, was riding in an Alfa Romeo driven by Melissa Cicciarelli, also a military member. They were driving in Italy when Cicciarelli lost control of the car. She crossed the center divider and struck an oncoming car. Cicciarelli, Stoll and the driver of the other car died in the accident.

Cicciarelli had an AIG insurance policy in Italy with a $700,000 limit. After AIG paid out monies to Stoll's spouse, and the spouse and children of the other driver, $412,096 remained. AIG denied a claim by Stoll's disabled mother, plaintiff Loretta Ochoa, for the rest of the insurance money.

The plaintiff sued the estate of Cicciarelli, seeking the proceeds from the insurance policy.

The estate admitted liability but denied that the estate was liable to plaintiff for the rest of the insurance money. The defense also challenged the choice of law applicable to the case. Because Ochoa was a Florida resident, the defense claimed that Florida had a superior interest and its laws should apply to the case. Florida does not provide for general damages to a parent of a decedent survived by a spouse.

The plaintiff argued that the laws of California, the venue, should apply. The plaintiff also argued that Florida had no interest in reducing the amount their residents could recover from an out-of-state defendant, whereas California would have an interest in the amount its citizens pay out on claims.

The court ruled that California law applied and the Court of Appeal denied defendant's writ.

Damages

The plaintiff claimed she and her son had a very close relationship, talking on the phone daily. Stoll had lived at home until he joined the Army. The plaintiff sent her son letters and care packages frequently. The plaintiff also received between $200 and $300 monthly in financial support from her son. The defense retained an economist who calculated that the plaintiff would only have received about $50,000 over her lifetime from the support of her son. The economist used census figures to calculate the plaintiff's average life expectancy. The defense also noted that the plaintiff had received $125,000 already from Stoll's insurance policy.

Result

The parties settled for $412,096, the amount remaining in the Cicciarelli's AIG insurance policy.

Other Information

According to the plaintiff: The defense filed an Application for Choice of Law arguing that Florida law (i.e. the State of plaintiff's residence) should apply. Under the facts, Florida law would have prevented the plaintiff from recovering lost love, companionship, comfort, care, assistance, protection, affection, society and moral support. The plaintiff argued that the law of the venue and the defendant's residence (i.e. California) should apply. The court ruled in plaintiff’s favor, and the Court of Appeal failed to accept the defendant's writ. After agreeing to the settlement amount, the defendant claimed it had miscalculated the remaining amount of the policy limits, that the actual amount left was closer to $330,000. After the exchange of several letters, the full amount of $412,096 was paid to the plaintiff.