Thorsnes Bartolotta and McGuire San Diego San Diego and Arizona's Consumer Law Firm

JEFFREY ZHANG and CATHY WANG v. DOE RENT A CAR SYSTEM, INC.,
a Delaware corporation; THE ESTATE OF JOHN DOE; and DOES 1 through 20.

A $1,000,000.00 policy limit settlement for a head on collision between a semi-tractor and rental car in which our client was a passenger. The accident killed our client and the driver of the car she was riding in. Lead attorney was partner Vincent J. Bartolotta, Jr and former associate Jill Cleary.

Defendant Insurance: Continental Casualty Company

Date, Time and Place of Incident (s):
Dec. 9, 2001, 5:15 p.m. PLACE: Interstate 15, just outside of Barstow, California

Facts and Background:
A Japanese resident, John Doe, was visiting the United States for the first time and rented an automobile from Doe Rent A Car defendant to drive from Los Angeles to Las Vegas. At the time Mr. Doe rented the automobile, he purchased a $1,000,000 additional insured liability policy offered by Doe defendant through Continental Casualty Company that insured Mr. Doe against claims made by third parties against him. A family friend and California resident, Jenny Zhang, agreed to ride with Mr. Doe to Las Vegas. While driving on the interstate outside of Barstow, Mr. Doe lost control of the vehicle, causing it to cross over the median and into oncoming traffic. The automobile was in a head-on collision with a semi-tractor trailer truck. Jenny Zhang died at the scene of the accident. Mr. Doe died en route to the hospital. The driver of the semi-tractor trailer truck also sustained serious injuries, although they were not life-threatening.

Plaintiff's Contentions, Allegations:
Plaintiffs contended that the Estate of John Doe and Doe Rent-a-Car were liable for the wrongful death of their 25 year-old daughter, Jenny Zhang.

Injuries and/or Damages: Death of Jenny Zhang.

Defense:
Doe Rental Car Co. generally denied allegations in Complaint and raised allegations of comparative negligence.

NoteSettlement Amounts:
Policy limits of $1,000,000 split between the two cases; $725,000 for the Zhang lawsuit. $275,000 for the lawsuit brought by the driver of the semi-tractor trailer truck.

Verdict or Award:
ECONOMIC: $246,646.10; NON-ECONOMIC: $300,000.00, Apportionment: 85% Coronado Shores 10% Decedent 3% Plaintiff 2% Other 0% Oliver

Other Verdict Details:
Plaintiff entitled to over $20,000 prejudgment interest for beating the 998 demand. $8,500.00 cost award. Motion for new trial denied.

Lenth of Trial:
Six days

Jury:
Deliberated one day N/A

Jury Polled:
Negligence 12-0, Causation 9-3, Damages 11-1, Allocation 10-2

Attorney for client: Partner Vincent J. Bartolotta, Jr. with former associate Jill Cleary

Attorney for defendant: Tom Dias FIRM: Murchison & Cummings

Individual Defendants:
A $1,000,000.00 policy limit settlement for a head on collision between a semi-tractor and rental car in which our client was a passenger. The accident killed our client and the driver of the car she was riding in. Lead attorney was partner Vincent J. Bartolotta, Jr and former associate Jill Cleary.


800-577-2922
Thorsnes Bartolotta McGuire
2550 Fifth Ave., 11th Floor, San Diego, CA 92103, 619-236-9363