Wrongful death UIM arbitration award of $399,269. Sacramento County.

Facts and Background

• Facts and Background:

  On October 27, 2013, at approximately 1:00 a.m., plaintiff's decedent, Mr. Luth, age 58, was driving his 1998 Mercury Marquis southbound on Interstate 5 in Yolo County. Mr. Luth was traveling southbound on Interstate 5 when he lost control of his vehicle for an unknown reason. His vehicle struck the west bridge railing and rotated multiple times before coming to a rest against the east bridge railing and blocking the southbound #1 lane.

  Very soon after Mr. Luth’s vehicle crashed into the bridge barrier rail, a second vehicle side-swiped Mr. Luth’s vehicle. (That driver said he could not see Luth's car because the headlights were broken.) At that time, Officer Milliron of the West Sacramento Police Department witnessed the second vehicle side-swipe Mr. Luth’s vehicle and turned on his emergency lights before pulling to the shoulder. Mr. Luth's vehicle was then hit by a third vehicle. Officer Milliron then saw Mr. Luth lying unresponsive in the roadway.

  It was the third collision that killed Mr. Luth. Officer Anderson, the investigating officer, offered the following summary:

  “P-1 (Luth) was involved in two (2) previous collisions while driving V-2. V-2 had become disabled and was stopped, facing in a north-westerly direction, against the east edge bridge railing and blocking the southbound #1 lane.  The headlights on V-2 had been damaged in one of the previous collision and were not working. P-1 had exited V-2 and was standing in the roadway near V-2. P-3 (Officer Milliron) was traveling southbound on I-5 on the Yolo Bypass in the #1 lane and saw the second collision involving V-2. P-3 moved to the #2 lane and slowed. When he saw V-2 he activated V-3’s emergency lights and immediately pulled V-3 to the right shoulder, stopping just south of V-2’s location. He then began to advise his dispatch center of the incident. P-4 (Washington) was traveling southbound on I-5 on the Yolo Bypass in the #2 lane at approximately 68 mph and was approaching P-1, V-2, and V-3 from the north. P-4 saw V-3’s emergency lights and he began to change lanes into the #1 lane.  P-4 failed to see V-2 in the #1 lane and the front of V-4 struck the front of V-2. This impact forced the rear of V-2 into the raised concrete bridge railing wall which caused V-2 to pivot around this contact point and rotate in a counter-clockwise direction.  As V-2 rotated the left side struck P-1, throwing him in a southerly direction and P-1 impacted with the asphalt roadway causing fatal injuries.”
  

  Officer Anderson found Mr. Washington at fault for this collision because he was in violation of Vehicle Code 22350, traveling at a speed unsafe for conditions with an associated factor of previous collisions.

  Susan Lee is Mr. Luth's only heir and was appointed the administrator of Mr. Luth’s estate after his death. 

  Liability was not contested by the insurance companies covering the other drivers. 

  Both parties stipulated to the following:

  - Steven Luth was covered by a policy of underinsured motorist coverage issued by Respondent, Hagerty Insurance Agency, LLC, and said insurance was in force on October 27, 2013, at the time of his death.

  - Claimant, Susan Lee, completed all prerequisites necessary to seek a recovery from Hagerty Insurance for the wrongful death of her brother, Steven Luth, pursuant to the underinsured motorist policy purchased by Steven Luth before his death.

   

• Plaintiff's Contentions:

  Pursuant to CACI 3921, Plaintiff was entitled to damages in each of the following categories:

      Economic Damages

  1.                   Loss of financial support;
  2.                   Loss of gifts or benefits; and
  3.                   Funeral and burial expenses.

       General Damages

  1.                   Loss of love;
  2.                   Loss of companionship;
  3.                   Loss of comfort;
  4.                   Loss of assistance;
  5.                   Loss of protection;
  6.                   Loss of affection;
  7.                   Loss of society;
  8.                   Loss of moral support; and
  9.                   Loss of guidance
• Defendant's Contentions:

  That the award should be $200,000.