Philbrook v Wiler’s Towing
Two adult daughters and two minor sons brought a wrongful death action for the death of their father in a motorcycle vs. truck accident. Wiler’s made a left turn in front of the motorcycle whose speed at the time of the accident was 70 mph (in a 35 mph zone). A post mortem blood test showed methamphetamine in the decedent’s system. During discovery, we requested evidence that plaintiffs were all legitimate children of the decedent. A subsequent DNA test to establish paternity came back negative as to one of the children. Shortly thereafter, the entire case settled for $400k.
October 29, 2012