Case details

Claimants alleged driver was partially liable for mom’s death

SUMMARY

$1000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
death, head
FACTS
At about 11:30 p.m. on April 29, 2017, claimants’ decedent Medea Hacopian, 77, left her daughter’s house and was walking back to her home near Lake Merced Boulevard, in San Francisco, where she lived with one of her sons. While Hacopian was 400 feet from the nearest crosswalk on Lake Merced Boulevard, south of Font Boulevard, she was struck by a pickup truck driven by Michael Kennedy, who was southbound on Lake Merced Boulevard. Hacopian died at the scene. A police investigation concluded that Hacopian was completely liable for the crash. In lieu of filing a lawsuit, Hacopian’s daughter, Arlene Ericson; Hacopian’s son, with whom she lived (and Ericson’s twin brother), Edwin Hacopian; and Hacopian’s eldest son, Alvin Hacopian, sought direct recovery from Kennedy’s insurer. They alleged that Kennedy was negligent in the operation of his vehicle. Claimants’ counsel conceded that Medea Hacopian was partially liable for the crash but maintained that Hacopian was not completely at fault. Counsel pointed out that another vehicle in front of Kennedy’s had swerved just prior to the crash in an attempt to avoid hitting Hacopian. Claimants’ counsel asserted that if that driver was able to see and evade Hacopian, Kennedy should have been able to as well. The claimants’ accident-reconstruction expert opined that Kennedy was traveling more than 15 mph over the speed limit. Kennedy’s counsel asserted that the decedent was negligent, pointing to the police report that determined that Hacopian was at fault for the accident. Counsel further contended that Hacopian had attempted to cross a four-lane road late at night in an area without streetlights and that Hacopian was outside of a crosswalk., Medea Hacopian was decapitated in the crash and died at the scene. She was 77 years old. She was survived by her daughter, Arlene Ericson, then 48, a bookkeeper; her son with whom she lived (and Ericson’s twin brother), Edwin Hacopian, then 48; and her eldest son, Alvin Hacopian, then 51, an information technology worker. The decedent’s adult children sought recovery of funeral expenses, burial expenses, and damages for the loss of their mother’s support, society and companionship. Kennedy’s counsel disputed the value of the claimants’ alleged damages.
COURT
Matter not filed, CA

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