Case details

Close proximity of SUV on road caused bicyclist’s death: family

SUMMARY

$250000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
death
FACTS
On the morning of Aug. 10, 2011, plaintiffs’ decedent Duane Parkison, 42, a San Bernardino County Sheriff, was riding his bicycle along Shady Canyon Road in Irvine when he fell off his bicycle into the path of a sport utility vehicle operated by Taryn Stout. Parkison was ultimately killed in the accident. The decedent’s widow, Jill Parkison, and his three children, Darren Sherman Parkison, Hilary Sherman Parkison and Garrett Sherman Parkison, sued Taryn Stout; her employer, Stout Aerospace Inc.; and the co-owners of the SUV, Taryn Stout’s husband, Edward Stout, and his mother, Dolores Stout. The decedent’s family alleging that Taryn Stout was negligent in the operation of her vehicle, and that Stout Aerospace, Edward Stout, and Dolores Stout were vicariously liable for Taryn Stout’s actions. Plaintiffs’ counsel contended that Taryn Stout was at fault for following the decedent too closely, which was concluded by the Irvine Police Department. Counsel also contended that Taryn Stout was driving too close to the right side of the street and should have been more to the middle. In addition, plaintiffs’ counsel contended that Taryn Stout may have struck the back of the decedent’s bicycle, causing him to fall off. Defense counsel asserted that the police investigation of the accident was biased and deeply flawed. Counsel contended that Taryn Stout did not have sufficient time to react to the decedent’s fall and that the accident was unavoidable. In addition, Taryn Stout claimed that she was traveling at an adequate distance from the side of the street, and that the accident was caused by the decedent getting a flat tire and falling into the path of her vehicle., Duane Parkison sustained multiple traumatic in the accident and died. He was 42. The decedent was survived by his wife and three children. The decedent’s family sought recovery of $115,000 per year for the loss of future financial support, as well as recovery of an unspecified amount in non-economic wrongful death damages.
COURT
Superior Court of Orange County, Santa Ana, CA

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