Case details

Car exiting driveway caused fatal crash with motorcyclist: suit

SUMMARY

$105000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
death, loss of society
FACTS
On June 25, 2010, at around 12:35 p.m., plaintiffs’ decedent Michael Cupp, 60, a registration clerk at a Veterans Affairs Hospital, was traveling to work on southbound Reche Canyon Road on a 2007 Honda Shadow motorcycle. When he was south of Westwood Street in San Bernardino, his motorcycle was broadsided by a 1994 Honda Accord operated by Alice Moore, who was traveling across Reche Canyon Road after exiting the driveway for 11794 Reche Canyon Road. Cupp was subsequently ejected from the motorcycle and struck Moore’s front windshield, near the driver’s side at the A-pillar. Despite attempts to save him, Cupp was pronounced dead at the emergency room at 1:25 p.m. The decedent’s four adult children, Dixie Cupp, Edith Palmo, John Miller II and Joshua Rogers, sued Alice Moore and the registered owner of the Honda Accord, Noah Moore. The children alleged that Ms. Moore was negligent in the operation of the Honda Accord and that Mr. Moore was vicariously liable for Ms. Moore’s actions. Defense counsel contended that the collision was the decedent’s fault because he was traveling at a rate of speed higher than the posted speed limit., Michael Cupp sustained multiple traumatic after being ejected from his motorcycle and striking the car’s front windshield, near the driver’s side at the A-pillar. He later died at the emergency room at 1:25 p.m. on June 25, 2010. He was 60 years old. The decedent is survived by his four adult children. Plaintiffs sought recovery for wrongful death damages. The decedent’s children claimed that their father’s medical costs amounted to approximately $54,000. They also sought recovery of wrongful death damages.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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