A Successful Mediation of a Wrongful Death Case

This week we had the privilege of representing a mother, father, and sister who lost their beautiful 25-year-old daughter/sister in a tragic head-on collision on Highway 12 in Solano County. It was 7 a.m. on a very hilly stretch of SR 12 just east of its intersection with SR 113. She was traveling Eastbound. A vehicle driven by a male who apparently was in a state of hypoglycemic shock from insulin deficiency was driving erratically at about 85 mph (55 mph limit) in the far right hand lane (left hand to him) on the wrong side of the road (passing lane and driving lane to traffic in the opposite direction). Witnesses had him driving as if he was trying to kill himself. Our clients' daughter/sister had no chance. There was no shoulder to her right; instead there was an embankment. The accident history in this stretch was allegedly less than the average for similar other roads, but the line of sight and lack of a shoulder was significant. While the State contended that a raised median or Jersey barrier was not proper for a two-lane roadway, such had been installed in other areas of SR 12. The State further contended that it had taken reasonable precautions given the less than average accident statistics by putting in thermoplastic "bumps" or reminders down the center and lengthening the passing lanes.

The driver carried 15/30 insurance. Our client had no available UIM coverage. The State was the only source for obtaining an award. But there was another problem: The economic damages were not significant. What was significant was the loss of the relationship with the decedent's parents. This was a very close Filipino family, whose two daughters lived with the parents. There is a strong tradition in the Filipino community to take care of the parents. The decedent was a loving, dedicated, and committed eldest child. It was that relationship that had value.

But under California law, the State was only liable for "its share" of the value of the relationship. Thus, if the State was only 20% negligent and the relationship was valued at $1 Million by a jury, the State would only be responsible for $200,000 plus any economic loss. So we argued that the absence of a recognition of the special dangers at this point in SR 12, where our decedent could not see an oncoming car in her lane in time to avoid the accident, and had no where to go, was negligence.

The case settled at the end of a one-day mediation. The total value of the settlement was over a $1 Million dollars, which was paid for by the State and a modest addition from the driver's insurer. Further, we settled the case 10 months from our date of filing the Complaint. While the costs were high, they were 1/3rd of what it would have cost to try the case.

We submitted a 40-page mediation statement, plus 30 exhibits, two private letters, a DVD of the road, photos of the accident, and family videos, interviews and photos. It was a compelling video about the family’s relationship. We had three consultants/experts at the mediation, including a cultural anthropologist, a consultant on the roadway and accident mechanics, and a structured settlement adviser.

An excellent result, early in the case, with monies in a structured annuity program for the mother, father, and sister, whose financial future is more secure.

The client was well served.

In words: Pressure on the defendants, preparation of the mediator and the clients for the mediation day, and a sound economical evaluation of the case.