1. DOCKET NO.: V-020458-3
2. COURT/BRANCH: SUPERIOR COURT OF CALIFORNIA - COUNTY OF ALAMEDA
3. CASE NAME: Divino-Casil et al vs. Doe Trucking Co. et al.
4. TRIAL TYPE: N/A
5. MEDIATOR N/A
6. SETTLEMENT DATE: September 2002
7. TYPE OF CASE: Auto Accident – Wrongful Death
8. SETTLEMENT AMOUNT: $ 800,000.00
9. COUNSEL A. Plaintiff:
Omar I. Habbas, Esq.
Edward Heffner, Esq.
Habbas, Amendola & Nasseri
675 N. First Street, Suite 100
San Jose, CA 95112
Plaintiff: Steven R. Cavalli, Esq.
Gwilliam, Ivary, Chiosso, Cavalli &
1999 Harrison Street, Suite 1600
Oakland, CA 94612
Parties Represented: Henry Divino Casil (8-4-89)
Blossom Divino Casil (11-19-91)
Christopher Divino Casil (9-24-83)
B. Defense: Lynne L. Bentley, Esq.
Borton, Petrini & Conron LLP
1475 South Bascom Ave.,
Campbell, CA 95008
Parties Represented: Doe Driver aka
Doe Trucking Co.
10. PARTIES: Plaintiff's:
Surviving children of decedent Carmelyn Divino.
Defendant's: Doe Drive aka Doe Trucking
11. FACTS: On April 27, 2000 plaintiff's mother was killed when her vehicle collided with the trailer portion of a tractor-trailer big rig driven by the defendant at the intersection of East Vineyard Avenue and Highway 84 in the City of Livermore The traffic collision report held decedent solely at fault for the collision. Plaintiffs hired an accident reconstructionist, trucking expert and human factors expert who concluded that the defendant caused the collision. Defendants have continued to dispute liability.
12. CLAIMED INJURIES: The decedent sustained massive blunt head and facial trauma with substantial bleeding from her facial wounds. She was endotracheally intubated at the scene and was airlifted to the hospital where attempts to save her life were undertaken. She was pronounced dead approximately 13 hours after the collision.
13: CLAIMED DAMAGES: Plaintiff's suffered both the loss of their mother's love, companionship, comfort, affection, society, moral support and physical assistance as well as economic damages to include the future loss of earnings, personal service, advice and training that would have probably been given.
14: INSURANCE CARRIER:
Occidental Fire & Casualty Company
702 Oberlin Road
Raleigh, North Carolina 27605-1129
Adjuster: Robert H. Shannonhouse
15: COMMENTS: Settled for $800, 000.00 during jury selection.