Case details

Children claimed father was in good health prior to bus crash

SUMMARY

$1260000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
death
FACTS
On Dec. 19, 2013, plaintiffs’ decedent Khang Van Tieu, 91, was a passenger on a large tour bus traveling on northbound Interstate 15, in Corona. When the bus was between Magnolia Avenue and State Route 91, also known as the Riverside Freeway, it struck the center divider and overturned onto its side. Tieu sustained multiple and died at the hospital. Six of the Tieu’s seven adult children, acting individually and on behalf of their father’s estate, sued the owner and operator of the bus company, Sina International Inc., and the driver of the bus, Jian Fei Duan. Tieu’s children alleged that Duan was negligent in the operation of the bus and that Sina International was vicariously liable for Duan’s actions. One of Tieu’s children, Hung Van “Sean” Tieu, was also initially listed as a nominal defendant. Sina International admitted that Duan was in the course and scope of his employment at the time of the accident and that Duan’s negligence, including travelling at an unsafe speed on the wet roadways, caused the bus to roll over. The defendants also admitted that Tieu’s death was caused by Duan’s negligence., Khang Van Tieu was severely injured in the crash and was transported to Riverside Community Hospital, in Riverside. He died later that day after emergency medical treatment was unsuccessful. Plaintiffs’ counsel contended that Tieu had a 10-year life expectancy, as Tieu was in good health and there was no evidence that he had any health conditions that would have impacted his life expectancy. At the time of his death, Tieu was 91 years old and not employed. He was survived by four adult sons (Allan Tieu, then a 56-year-old restaurant manager who was married with children; Michael Tieu, then a 47-year-old financial investment firm partner who was married with children; Ha Van “Sean” Tieu, then a 43-year-old information technology employee who was married, but with no children; and Minh Van Tieu, the a 38-year-old caretaker who was not married and did not have children) and two adult daughters (Nga “Natalie” Tieu, then a 59-year-old nail salon owner who was not married, but had children; and Thao “Tina” Tieu Nguyen, then a 61-year-old accountant who was married with children). He was also survived by another adult child who was not a named plaintiff in this case. Like their father, the children were all born in Vietnam before moving to the United States. The decedent’s children sought recovery of non-economic wrongful death damages for the loss of their father. During closing arguments, plaintiffs’ counsel asked the jury to award $4 million to each plaintiff. Defense counsel contested the nature and extent of the compensatory damages alleged. Counsel argued that the decedent had a two-year life expectancy due to stage three kidney disease and hepatocellular carcinoma. However, the defense’s medical experts conceded that the decedent was healthier than the average 91-year-old and that, aside from the two alleged health conditions, the decedent would have had a life expectancy of five more years.
COURT
Superior Court of Riverside County, Riverside, CA

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