Case details

Family: Nanny struck decedent while in scope of employment

SUMMARY

$2000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
death
FACTS
On July 15, 2010, plaintiffs’ decedent Gigi Darwish, 48, a student studying to be an ultrasound technician, was walking in a crosswalk when she was struck by a 2006 Saturn vehicle operated by Reyna Castellon, who was on her way to work as a nanny for John Kibler and Dana Kibler. Darwish subsequently died at the hospital. Darwish’s husband, Hossam Tawfik, and their four children, Ahmed, Rana, Nouran and Nermin Tawfik, sued Castellon and the Kiblers. They alleged that Castellon was negligent in the operation of her vehicle and that the Kiblers were vicariously liable for Castellon’s actions. Plaintiffs’ counsel contended that Castellon failed to keep a proper lookout and failed to yield the right of way to a pedestrian in a crosswalk. Counsel also contended that Castellon was acting within the course and scope of her employment with the Kibler’s at the time of the collision and that as a result, Darwish’s family was entitled to recover damages from the Kiblers. Castellon admitted fault for the collision, and there was no dispute regarding the cause or effect of the collision. Mr. and Mrs. Kibler admitted to being Castellon’s employers, but denied that Castellon was acting within the course and scope of her employment at the time of the collision., Darwish sustained blunt force trauma in the accident and was rushed by ambulance to a hospital, where she died shortly thereafter. She was 48. Darwish left behind a husband and four children, two of which were minors. Hossam Tawfik stated that he and Darwish were married for approximately 20 years after meeting during their first year of medical school. Darwish had been an Ob/Gyn in Egypt, but was in her last year of school to be an ultrasound technician in the U.S. Rana and Ahmed were minors, while the other two children were in school in Egypt; one is studying to be a doctor and one is studying to be a dentist. Darwish’s family sought recovery of wrongful death damages. They also sought recovery of approximately $750,000 in damages for lost earnings and approximately $3 million in damages for Darwish’s conscious pain and suffering. Defense counsel did not dispute Darwish’s cause of death, but did dispute the extent of damages incurred by the decedent’s family.
COURT
Superior Court of Los Angeles County, Santa Monica, CA

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