Confidential
Settlement – $245,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Scott Seabaugh
(Seabaugh Law Office)
Defendant
Georgette R. Herget
(Burke Williams & Sorensen LLP)
Facts
On February 27, 1993, a Piper aircraft piloted by the back seat passenger's husband, a 42-year-old owner of a ship fitting company, and/or his friend/former flight instructor, a 81-year-old retiree, was one of 5 aircraft flying from the West Coast of Baja eastward to the Sea of Cortez and then north along the coast to the town of Loreto. The back seat passenger was a 41-year-old co-owner of the ship fitting company. There were broken clouds, with bases at 1,500 feet and tops at 3,000 feet along the route of flight. The Piper stayed below the clouds (the other aircraft climbed through holes in the clouds and headed east) until about two-thirds of the way across the Baja Peninsula. At that point, one of the Piper pilots (it is not known which one) advised one of the aircraft flying above the broken clouds that it was going to climb above the clouds. The Piper then crashed at the 4,000 foot level of a 4,500 foot high mountain southwest of Loreto. All 3 occupants died. The daughter of the retired flight instructor sued the estates of the pilot/owner of the Piper (the 42-year-old ship fitting owner) and his wife (the back seat passenger) who was co-owner of the Piper. The parents of the owner and co-owner then cross-complained against the inter vivos trust of the deceased flight instructor (all of his assets had passed via his inter vivos trust and no estate was going to be opened); they claimed wrongful death for loss of love, care, and comfort (there was no financial claim). The parents of the owner and co-owner then decided they wanted separate counsel; the parents of the co-owner filed a first amended cross-complaint against the estate of the deceased flight instructor, the estate of the owner, and directly against the aircraft liability insurance carrier under Probate Code Section 550.
Settlement Discussions
Cross-complainants, the parents of the back seat passenger, contend that they demanded $425,000 reduced to $395,000 and that Defendants offered $200,000 increased to $240,000.
Specials in Evidence
not claimed
Injuries
Death of father; death of adult daughter; death of adult son.
Other Information
Cross-complainants, the parents of the back seat passenger, settled out for $245,000. The remaining parties are still in litigation.
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