It was 9:00 P.M. in late August when a disabled 53 year old man taking an evening constitutional walk was struck dead by a Stockton woman driving a Jeep Cherokee. Little is known about why this tragedy occurred. What is known is that the man’s 84 year old father was devastated by the loss. He said " your children are not supposed to pass before your gone". He was extremely distressed when a family member call The Dunnion Law firm for help. The attorneys immediately obtained the limited police report. As it turned out the man’s son was in a cross walk, was struck by the Jeep which caused him to hit his head on the street and go into a coma. His father was facing large hospital bills for the emergency and heroic efforts of the hospital staff to save his son.
Unfortunately, they were not successful. The son was disabled with diabetes in and advanced state of kidney failure. He could not be saved. The Dunnion attorney learned that the woman driving the Jeep had little in the way of assets and all she had for damages was a $100,000.00 policy of insurance. The attorney advised the elderly man that with some creative lawyering he could be insulated from the bills and receive a net settlement of over $50,000.00. He agreed as instructed the Dunnion attorney to resolve the matter. A wrongful death law suit was filed that did not seek repayment of bills; instead it ask for the loss of society of his son. Thus postured the elderly man was able to avoid payment of the hospital cost and while sad for his loss graciously accepted the net settlement.