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ARTICLE ID 7329
$________ Motor Vehicle Negligence/Products Liability - Intersection accident involving school bus and van results in death of rear seat van passenger - Van allegedly equipped with defective lap belt - Child suffers fatal abdominal injuries in two-vehicle accident involving van and school bus - Injuries allegedly caused by defective lap belt.
Los Angeles County, California
This action arose out of a two vehicle accident involving a
school bus and a van, resulting in the death of the 15-year-old
female decedent, who was seated in the rear of the van at the
time of the impact. The minor decedent was wearing a lap belt
which was allegedly defective and which the plaintiff alleged
directly caused the decedents fatal injuries. Suit was brought
against the owner of the bus which violated the right-of-way of
the van. A cross-claim was filed against the manufacturer of the
van in which the lap belt had been installed.
In November of ________, the plaintiffs daughter was a rear seat
passenger in a van being driven by her 16-year-old brother, who
entered an intersection as a school bus was making a left turn,
resulting in a collision. The decedent was wearing the lap belt
provided by the manufacturer and incurred serious abdominal
injuries requiring hospitalization and prolonged wound care. She
was discharged after five weeks in the hospital and later
admitted in January of ________, with fevers and infection. She died
as a result of necrotizing fasciitis and other complications.
The plaintiffs van entered the intersection on a green or yellow
light. The bus driver violated the right of way of the host
vehicle by commencing a left turn before the intersection
cleared. The plaintiffs sought wrongful death damages for the
loss of their 15-year-old daughter. No medical specials were
claimed.
@TITLEHD = DEFENDANTS CONTENTIONS
The plaintiff had contended that the light turned yellow and then p 7 3
red for the bus operator and that the bus operator drove through
the red light into the intersection, violating the vans right of
way. The defense argued that the evidence demonstrated that the
plaintiffs van appeared to be slowing prior to entering the
intersections where the impact occurred. The school bus
defendants asserted that the accident should have been survivable
and that the decedents death was the result of severe abdominal
injuries caused solely by the defective lap-belt in the vehicle
manufactured by the cross-defendant.
The case settled prior to trial for $________. The bus driver
defendant had initially offered $________ and the plaintiff had
initially demanded $________.
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- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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