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Mother claimed loss of daughter’s support due to fatal accident

Amount:

$7,500,000

Type:

Verdict-Plaintiff

State:

California

Venue:

Orange County

Court:

Superior Court of Orange County, Santa Ana

Injury Type(s):

other-death; other-loss of society

Case Type:

Wrongful Death; Motor Vehicle – Bicycle

Case Name:

Nancy Kashergen Rennie v. FedEx Ground Package System, Inc.; Athwal FDS Corporation; and Fernando Torralba Gatica,
No. 30-2013-00677129-CU-PA-CJC

Date:

December 17, 2014

Parties

Plaintiff(s):

Nancy Kashergen Rennie (Female, 50s), 

Estate of Chelsea Joy Kashergen (Female, 22 Years)

Plaintiff Attorney(s):

Clifford Barry;
Barry & Krueger;
Beverly Hills,
CA,
for
Nancy Kashergen Rennie, Estate of Chelsea Joy Kashergen ■ Brian J. Panish;
Panish, Shea & Boyle, LLP;
Los Angeles,
CA,
for
Nancy Kashergen Rennie, Estate of Chelsea Joy Kashergen ■ Deborah Chang;
Panish, Shea & Boyle, LLP;
Los Angeles,
CA,
for
Nancy Kashergen Rennie, Estate of Chelsea Joy Kashergen ■ Paul Krueger;
Barry & Krueger;
Beverly Hills,
CA,
for
Nancy Kashergen Rennie, Estate of Chelsea Joy Kashergen

Defendant(s):

Athwal FDS Corp., 

Fernando Torralba Gatica, 

FedEx Ground Package System Inc.

Defense Attorney(s):

F.X. Sean O’Doherty;
Gates, O’Doherty, Gonter & Guy, LLP;
Irvine,
CA,
for
Athwal FDS Corp., Fernando Torralba Gatica, FedEx Ground Package System Inc.

Insurer(s):

self-insured FedEx Ground Package System Inc.

Facts:

On June 20, 2013, at approximately 2:18 p.m., plaintiff’s decedent Chelsea Kashergen, 22, a musician/recent college graduate, was riding her bicycle on Nutwood Avenue, in Fullerton, when she was struck and killed by a FedEx Ground delivery vehicle operated by Fernando Torralba Gatica. The decedent’s mother, Nancy Kashergen Rennie, sued Gatica; his employer, FedEx Ground Package System Inc.; and the owner of the subject vehicle, Athwal FDS Corp. Rennie alleged that Gatica was negligent in the operation of the FedEx Ground delivery vehicle, causing her daughter’s wrongful death. She also alleged that FedEx Ground and Athwal FDS were vicariously liable for Gatica’s actions. Pursuant to the terms of the FedEx Home Delivery Standard Operating Agreement, FedEx Ground agreed to indemnify Athwal FDS and Gatica against liability for the subject accident. The defendants admitted liability for the accident, and the matter proceeded to a jury trial to assess the amount of non-economic damages.

Injury:

Chelsea Kashergen sustained multiple traumatic injuries and died from the accident. She was 22 years old. She is survived by her mother and father. The decedent’s mother sought recovery of non-economic wrongful death damages for the death of her only child. She claimed that she and her daughter had a unique and extraordinary relationship. Rennie explained that she separated and divorced from the decedent’s biological father when the decedent was very young and that the father, thereafter, severed all ties and support before his death. She claimed that as a result, she solely helped and encouraged her daughter reach individual and joint goals. Rennie also claimed that she and her daughter shared a love and appreciation for music, leading to the decedent becoming an accomplished musician that played six different instruments. In addition, she claimed she encouraged her daughter to return to college to obtain her associates degree, which the decedent had planned to do before her death. Plaintiff’s counsel called five witnesses, each who testified as to the unique relationship between Rennie and the decedent. Friends and neighbors testified that they had never seen a relationship as close as theirs before or since the decedent’s death. Counsel also presented photographs, videos and audio recordings of Rennie and the decedent, as well as a series of notes and cards between them. Thus, plaintiff’s counsel suggested that the jury award $5 million in past non-economic damages, and between $17 million and $18 million in future non-economic damages for Rennie’s loss of her only daughter’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support. However, counsel ultimately left it up to the jury as far as what to award. Defense counsel contended that the decedent was about to leave home permanently and attend graduate school out-of-state. Counsel also contended that there were other family members and friends who would always be there to support Rennie. Thus, defense counsel suggested that the jury award Rennie only $1.75 million. Medical experts and testimony for the plaintiff and defense were removed by stipulation.

Result:

The jury determined that the Rennie’s damages totaled $7.5 million.

Estate of Chelsea Joy Kashergen: $2,500,000 Wrongful Death: Past Loss Of Society Companionship; $5,000,000 Wrongful Death: Future Loss Of Society Companionship

Trial Information:

Judge:

Ronald L. Bauer

Demand:

None

Offer:

$750,000 (prior to trial)

Trial Length:

3
 days

Trial Deliberations:

1
 days

Editor’s Comment:

This report is based on information that was provided by plaintiff’s and defense counsel.