Averett and Crayton, Deceased v. Sears Car & Truck, et al.
Nora L. Averett; And Realma Crayton, Deceased v. Sears Car & Truck Rental; Budget Rent A Car, Corp; And Shirley Moore-York
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| Plaintiff Attorney: Marvin S. Lanter; Law Offices of Marvin S. Lanter; Los Angeles, CA Defendant Attorney: Budget Rent A Car Corp.: Hawkins, Schnabel, Lindahl, & Beck By: Roger Hawkins, Esq. Shirley York: Nishimura & Saunders LLP By Alan B. Nishimura, Esq. Insurance: United National Group Summary: This is an automobile accident that occurred in March 1998. As a result of this accident, a 79 year old mother of seven adult children was killed. The heirs bring an action for wrongful death. Facts: This is wrongful death action involving a motor vehicle accident that occurred in 1998 in Kimble County, Texas. The plaintiffs-adult children and the decedent where passengers on a 1998 Ford Windstar Van operated by defendant. The 1998 Ford Windstar Van was a rental vehicle from defendant, Budget Rent-A--Car. The vehicle was traveling eastbound in the left lane on Interstate 10 at approximately 70 miles per hour. Defendant was adjusting the air conditioning control and lost control of the vehicle. The vehicle first ran off the roadway. Thereafter, the defendant over corrected to the right again and the vehicle skidded into depression in the center median. The vehicle overturned and landed upside down. The plaintiffs suffered physical injuries as a result of the incident. The mother was seriously injured as a result of the accident and died approximately eight (8) days later. The plaintiffs were passengers and were present at the accident. At the scene of the accident they watched their mother being placed in an ambulance and taken to a hospital. Thereafter, they watched over their mother in the hospital. They were present at the hospital when the mother died. In addition to Wrongful Death claim the children who were in the vehicle sued for negligent inflection of emotion distress. |
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