California Verdicts

Find out about the most important recent California cases, selected by VerdictSearch editors. Coverage includes Alameda, Los Angeles, Orange, San Francisco and San Diego counties. Subscribe to VerdictSearch for access to all California verdictsPricing Options

Hit-and-run resulted in father’s death, son alleged

Amount:

$5,000,000

Type:

Settlement

State:

California

Venue:

Sonoma County

Court:

Superior Court of Sonoma County, Sonoma

Injury Type(s):

head; head-blunt force trauma to the head; other-death; other-loss of society; other-multiple trauma

Case Type:

Wrongful Death; Motor Vehicle – Speeding, Pedestrian, Hit and Run

Case Name:

Walker Black as Successor in Interest to the Estate of George Michael Black v. Steven Heath and Heath & Associates Inc.,
No. SCV253676

Date:

February 14, 2014

Parties

Plaintiff(s):

Walker Black (Male, 16 Years), 

Estate of George Michael Black (Male, 64 Years)

Plaintiff Attorney(s):

William B. Smith;
Abramson, Smith & Waldsmith LLP;
San Francisco,
CA,
for
Walker Black, Estate of George Michael Black

Defendant(s):

Steven Heath, 

Heath & Associates Inc.

Defense Attorney(s):

Lee J. Danforth;
Coddington, Hicks & Danforth;
Redwood City,
CA,
for
Steven Heath, Heath & Associates Inc.

Facts:

On Feb. 27, 2014, at around 1:10 p.m., plaintiff’s decedent George Black, 64, a political science professor, was walking alongside Montgomery Drive in Santa Rosa, on his way to Spring Lake Park, when he was struck by a white 2011 Mercedes S550 that was eastbound on Montgomery Drive. Black was subsequently thrown up against the right A-pillar of the vehicle, causing a serious head injury. The Mercedes then left the scene, where Black ultimately died from his injuries. Two days after the accident, Steven Heath turned himself in after his criminal counsel contacted the Santa Rosa police. Heath claimed he did not think he hit anyone and, in fact, thought he may have only hit a root or a deer, so he drove home. However, he claimed the following morning, he retrieved his morning newspaper, saw the incident mentioned as the front cover story, and realized he was responsible for the accident. Thus, Heath pleaded no contest to felony hit-and-run and received a three-month jail sentence. The decedent’s son, Walker Black, sued Heath and the owner of the Mercedes, Heath & Associates Inc. The decedent’s son alleged that Heath was negligent in the operation of the Mercedes and that Heath & Associates was vicariously liable for Heath’s actions. Plaintiff’s counsel contended that an eyewitness saw Heath operating his vehicle with both right tires about one foot to the right of the fog line, immediately prior to the incident. Another witness allegedly saw a white Mercedes driving fast and reckless in the direction of the scene of the accident. Additionally, other witnesses allegedly saw Heath beyond the accident scene, with one witness claiming to have seen Heath coming out of a plume of dust in a turnout just beyond the accident scene and claiming to have watched Heath swerve all over the roadway to regain control. In addition, another witness claimed to have been stopped at a stop sign, waiting to turn onto Montgomery Drive, when Heath’s vehicle made a fast and wide right turn, narrowly missing the witness’ vehicle. Heath consistently denied to the police and under oath that he had been drinking alcohol on the date of the accident. He also claimed he was not an alcoholic and had no alcohol problems in the past. In response, plaintiff’s counsel noted that Heath sought alcohol rehabilitation at Duffy’s Napa Valley Rehab in Napa County several years before the accident. Counsel also noted that on the day of the accident, Heath admitted "I’m drinking" in a text to a female coworker only one hour before the decedent was killed. However, at his deposition, Heath explained that his text meant that he had been drinking during the last two months.

Injury:

George Black was found in a juniper bush about six feet off of the roadway. A passing motorist, who was also a paramedic, came to his aid, found a pulse and witnessed several agonal breaths before Black died at the scene from multiple traumatic injuries, including severe blunt force trauma to his head. He was 64. The decedent was survived by his son, Walker Black, 16. The decedent and Walker’s mother were divorced, so Walker lived with his father 60 percent of the time. Thus, Walker sought recovery of non-economic wrongful death damages for the loss of his father.

Result:

Prior to trial, the parties agreed to a $5 million settlement.

Trial Information:

Judge:

Nancy Case Shaffer

Editor’s Comment:

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.