Case details
Defense questioned boy’s loss following father’s fatal crash
SUMMARY
$80000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
death, loss of parental guidance, loss of society, multiple trauma
FACTS
In the morning hours of Sept. 25, 2015, plaintiff’s decedent Lawrence Parker, 57, a self-employed handyman, was driving a pickup truck in Yucca Valley when a school bus turned left in front of him. Parker died as a result of the collision. The decedent’s three adult daughters (Teara Richardson, Roxanna Parker and Megan Parker) and his minor son (Gunnar Parker) sued the bus driver, Lars Dahlen; the owner of the bus, First Student Inc.; and the school district, Morongo Unified School District. The decedent’s family alleged that Dahlen was negligent in the operation of the bus and that First Student and the school district were vicariously liable for Dahlen’s actions. Dahlen and the school district were ultimately dismissed from the case, and Parker’s three adult daughters settled out. Thus, the matter continued with Gunnar’s claims against First Student only. First Student admitted liability., Lawrence Parker sustained multiple traumatic and died. He was 57. He was survived by his three adult daughters (Teara Richardson, Roxanna Parker and Megan Parker) and his minor son (Gunnar Parker, age 11). Gunnar’s mother was married to the decedent, but they later divorced. As a result, Gunnar lived with his mother first, but then moved in with his father three years before the decedent’s death. Gunnar waived economic damages, so the jury was to only determine the sole issue of non-economic damages. However, non-economic damages were limited by statute, and were not for Gunnar’s grief or sorrow, pain or suffering, or the loss of wealth, but were for his loss of his father’s love, companionship, comfort, care, assistance, protection, affection, society and moral support. At trial, plaintiff’s counsel asked the jury to award Gunnar $12.3 million. Defense counsel contended focused on what Gunnar’s life was like with his father before the fatal accident and then what it was like after his father’s death. Gunnar said he enjoyed things he did with his father, such as hiking, camping, going to the movies, and enjoying soccer games together. Counsel noted that after his father’s death, Gunnar went back to living with his mother, and also lives with his half-sister and her husband and his children. Defense counsel also presented evidence of the decedent’s prior drug issues and noted that Gunnar’s mother testified in her deposition that she did not trust the decedent because he hid things from her. In addition, defense counsel argued that the decedent’s life expectancy was previously affected by conditions such as him being a smoker and a history of a heart attack and stroke. The defense’s neurology expert reviewed the coroner’s notes, the autopsy and the decedent’s medical records and confirmed that the decedent had pre-existing conditions.
COURT
Superior Court of San Bernardino County, San Bernardino, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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