On October 27, 2013, at about 1:00 am, Mr. Luth, a 58 year old gentleman was driving on I-5 heading South in Yolo County. He lost control of his vehicle for unknown reason, struck the east bridge railing. Shortly after Mr. Luth's vehicle crashed into the bridge barrier rail, a second vehicle side-swiped Mr. Ruth's vehicle. That driver said he could not see Mr. Luth's car because the headlights were broken. Mr. Luth's vehicle was then side-swipe two (!) more times until he was found lying unresponsive by an officer of West Sacramento Police Department. It was the third collision that ultimately killed Mr. Luth.
Mr. Luth was covered by a policy of underinsured motorist coverage. The deceased sister was the actual claimant and she completed all the necessary steps to seek recovery from her brother's insurance company for the wrongful death of her brother, pursuant to the UM policy purchased by Mr. Luth before his death.
At the UM Arbitration, Plaintiff argued that she was entitled, pursuant to jury instruction CACI 3921 to each of the following: loss of financial support, loss of gifts or benefits, funeral and burial expenses, loss of love, loss of companionship, loss of comfort, loss of assistance, loss of protection, loss of affection, loss of moral support, and loss of guidance. Funeral expenses totaled over $24,000.00. The UM policy limit was $500,000/per accident. Plaintiff demanded the policy limits, while the defendants' attorneys asked the Arbitrator to award $200,000.00. The case was then tried before Nicholas Lowe as Binding Arbitration leading to the above award.
Mr. Luth was covered by a policy of underinsured motorist coverage. The deceased sister was the actual claimant and she completed all the necessary steps to seek recovery from her brother's insurance company for the wrongful death of her brother, pursuant to the UM policy purchased by Mr. Luth before his death.
At the UM Arbitration, Plaintiff argued that she was entitled, pursuant to jury instruction CACI 3921 to each of the following: loss of financial support, loss of gifts or benefits, funeral and burial expenses, loss of love, loss of companionship, loss of comfort, loss of assistance, loss of protection, loss of affection, loss of moral support, and loss of guidance. Funeral expenses totaled over $24,000.00. The UM policy limit was $500,000/per accident. Plaintiff demanded the policy limits, while the defendants' attorneys asked the Arbitrator to award $200,000.00. The case was then tried before Nicholas Lowe as Binding Arbitration leading to the above award.
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