Case details
Son sought recovery for violent murder of mother
SUMMARY
$3600000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On July 26, 2009, plaintiff Ji Zeng was attacked by James Che Ming Lu after plaintiff’s decedent Michelle Lu was murdered at their home at 197 S. Rosemead in Pasadena. Mr. Lu struck his wife in the head and face 19 times with a hatchet, and then attacked her son, Zeng, in an attempt to kill him. However, Zeng was able to fight off the attack and escape. In a previous criminal trial, Mr. Lu was convicted of first degree murder of Mrs. Lu and first degree attempted murder of Zeng. He is subsequently serving a life sentence in prison. Zeng then sued James Lu in civil court. He brought causes of action for wrongful death and intentional infliction of emotional distress. The superior court took judicial notice of the two criminal convictions against Mr. Lu and precluded the defense from arguing liability. As such, the matter proceeded to trial on damages only., Zeng claimed all non-economic damages at trial. He sought recovery of $1.5 million in past wrongful death damages and $2.5 million in future wrongful death damages, for the loss of his mother’s love, companionship, comfort, care, assistance, protection, affection, society, moral support, training and guidance. In addition, Zeng sought recovery of $300,000 in past emotional distress damages and $430,000 in future emotional distress damages for his pain and suffering, anguish, fright, horror, nervousness, grief, anxiety, worry, shock, humiliation and shame. Defense counsel argued that Zeng’s relationship with his late mother was not as close as he claimed, and that his emotional distress was not as severe. As such, counsel argued that Zeng’s claim for non-economic damages should be substantially lower.
COURT
Superior Court of Los Angeles County, Pasadena, 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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