Case details

Family: Insurance policy applied to impaired driver

SUMMARY

$3250000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
traumatic injuries, wrongful death
FACTS
On March 25, 2014, claimants’ decedent Andrew Silva, 23, a Marine Corporal on temporary leave from Afghanistan, was riding his motorcycle home from his in-law’s house. As he entered the intersection of Fremont Boulevard and Decoto Road, in Fremont, Silva was struck by a vehicle operated by Alexander Yohn. Silva sustained multiple traumatic and died in the accident. The decedent’s wife, Julie Silva; minor son, Noah Silva; and parents, Linus Silva and Elsie Silva, brought a claim against Alexander Yohn and the owners of Alexander Yohn’s vehicle, his parents, Stephen Yohn and Joann Yohn. The Silva family alleged that Alexander Yohn was negligent in the operation of his vehicle and that Alexander Youh’s parents were negligent for the entrustment of the vehicle to their son. Claimants’ counsel contended that Alexander Yohn was traveling in excess of 100 mph and was operating his parents’ vehicle while significantly impaired by alcohol and drugs. The Fremont police were in pursuit of Alexander Yohn and became involved in a high speed chase, having spotted Alexander Yohn at a local Taco Bell after employees reported that he was acting erratically at the drive-thru exit. After spotting the police, Alexander Yohn left the Taco Bell and ran a red light at the intersection of Fremont Boulevard and Decoto Road, striking the decedent’s motorcycle. Claimants’ counsel noted that Alexander Yohn was driving his parents’ vehicle and had established residence at his parents’ home at the time of the crash. (Alexander Yohn’s parents had a $250,000 underlying policy and a $3 million umbrella policy applicable only to residents of the home.) Claimant’s counsel also noted that Alexander Yohn was undergoing drug rehabilitation around the time of the crash., Anderw Silva sustained multiple traumatic , resulting in his death. He was 23 years old. The decedent was survived by his wife, Julie Silva; his 2-year-old son, Noah Silva; and his parents, Linus Silva and Elsie Silva. Thus, the Silva family sought recovery of wrongful death damages and recover for their loss of financial support.
COURT
Superior Court of Alameda County, Oakland, CA

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