Two weeks ago, a California appellate panel affirmed a $5.5 million award. The case involves a SuperShuttle Driver who partially caused the death of another motorist. This tragic accident happened when A John Kim was rear-ended by a Melinda Pourtash. This pushed Mr. Kim’s car into oncoming traffic. A speeding shuttle then hit the broadside of his car. The shuttle push their car into a highway median, crushing the car. This T-bone collision caused the death of John Kim and caused life-threatening injuries to his wife, Young Kim. Luckily, Young Kim survived. She filed a lawsuit against the shuttle company and Pourtash for causing the death of her husband. A San Mateo County jury found that Mrs. Pourtash was 70% responsible for the accident, and the bus driver was 15% responsible. The jury awarded Mrs. Kim and her two children a total of $5.5 million.
The shuttle driver argued that the accident was not his fault at all. However, he was speeding. If he wasn’t going so fast, he could have prevented the shuttle from hitting the Kim’s car. On appeal, the shuttle driver continued to insist he was not responsible. His argument was that even if he wasn’t speeding, he still would have hit the Kim’s car. However, this is very speculative. The court’s opinion said: “Zarour’s (the shuttle driver) hypothetical about the Kims’ Honda being crushed between the SuperShuttle van and the median wall is speculation at best and proposes a completely different type of collision than the one that, in fact, occurred.”
Wrongful Death Litigation
A wrongful death claim is substantially different than a normal personal injury case. Due to the complexities surrounding the burden of proof, it is important to have an attorney that is experienced with navigating the case law that is required to successfully present a case. Whereas with a personal injury case, the soft records of the injury can be used to provide documentation of the damages, in a wrongful death claim that type of documentation is not as easy to obtain. Having an attorney that can fight for the appropriate amount of compensation to assist the living beneficiaries with life after the person’s death is something that takes skill, compassion, and knowledge of the law.
If you have questions about filing a wrongful death claim, finding the right representation is essential. Our team of attorneys has vast experience in wrongful death claims. We will do everything that we can to get the best possible result for the family members left behind. Call The Texas Law Guns at our San Antonio office or contact us online for a consultation so that we can show you how our expertise can work for you.