On September 27, 2007 a
Motion-Secondary
was filed
involving a dispute between
Xxxxxx Xxxxxxx,
Xxxxx Xxxxxxx,
and
Arun Ravidran,
for civil
in the District Court of Santa Clara County.
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Plaintiffs’ Mandatory Settlement Conference Brie
Natvarlal xxxxxxx (“xxxxxxx”), fifty nine years old, had recently immigrated to the country,
and lived with his adult son, adult daughter and wife while working odd jobs.
At approximately 5:25 p.m., Ravindran came to a stop in a lane designated for left turns at
the intersection of M chelangelo and Remington. Ravindran told the police that he stopped, and
then accelerated to a speed of 15 to 20 miles an hour he turned onto R mington Drive. RT of
Officer Ramirez at 48:9 Ravidran claims that he did not see any pedestrians in the area nor
did he see anyone walking on standing in the crosswalk. Sunnyvale Police Report at 7. Ravindran
realized that he had a collision and saw a person on the hood of his car. RT of Officer Ramirez
48:3 49:2. xxxxxxx was on the ground and moaning. of Arun Ravi dran at 19:1 Ravindran
called 911 and admitted that he hit a person with his car told police officers that he did not
see B lia prior to the collision. RT of Officer Ramirez at 48:16
er Ramirez observed that dust on the hood of Odyssey had been disturbed that was co
sistent with a pe son being on the hood of the car and falling off. RT of Officer Ramirez at 20: 10
He did not find any damage to the umper of the Odyssey. at 58 Officer Ramirez
noted that xxxxxxx was carrying mail he had picked up that day when he was hit . at 59:7
Officer Ramirez believed that xxxxxxx was in the crosswalk during the collision based u where
his body was found and throw distance calculations at 20: 10 18; 29:18 30:19; 51:1
At the hospital, doctors attempted to save xxxxxxx’s life. xxxxxxx passed away at 1:28 a.m.
One of the hospital employees found a note in xxxxxxx’s pocket that stated in Gujur
“T am committing suicide because of being physical unwell and r
lated troubles. My wife Rekhaben lived together with me and coo
erated well throughout my life. I do not consider her as guilty for
this. Living with my ill health, I do not want to trouble, put in ha
assment you all including children xxxxxx, xxxxxx, and wife xxxxx.”
Supplemental Police Report ofO ficer Cronin at 2.
He initially told 911, “I think | hit a person while | was turning.” When the 911 0
erator pressed him, Ravindran admitted that he hit a person.
Plaintiffs’ Mandatory Settlement Conference Brie
xxxxxxx’s medical records show that he did not suffer from any serious infirmities and the
most serious health issue he had in the past year was ani fection to his eye.
xxxxxx xxxxxxx had spoken to his father at 5:10 p.m., and they had a conversation where his
father requested that xxxxxx print documents for a job application at 3.
The medical examiner found that the immediate cause of death was craniocerebral injuries
resulting from a collision between a van and pedestrian. See Death Certificate.
Officers determined that Ravindran was inattentive when he made the left turn in violation
of Vehicle Code Section 21950(a). RT of Officer Ramirez at 57:12
Eric Rossetter, a mechanical engineer, determined that 1) xxxxxxx was in the crosswalk at the
start ofthe left turn by to Ravindran, 2) xxxxxxx had traveled 24 to 30 feet into the crosswalk at the
opportunity for Ravindran to perceive, react and stop before the collision, 3) the pedestrian
was likely visible at the last opportunity for Ravindran to perceive, react and stop before the coll
sion, and 4) xxxxxxx was likely in the crosswalk at the time of impact. See hibit One, Diagram
of Impact.
LIABILITY IN THE MATTER
Ravindran is responsible for the accident. He owed duty of care to pedestrians when he
made left turn. The suicide note is a red herring as xxxxxxx had no reason to believe Ravindran
would hit him with his car given that he was in the crosswalk
DAMAGES
xxxxx xxxxxxx has been married to Natvarlal xxxxxxx since 1982. or a few months before
the accident, she worked as a baby sitter. Since the accident, she has stopped wor ing. She relied
upon her husband to take care of the finances and make important family decisions. They would
have lunch daily and walked together after dinner before ing the news. During the day, they
sometimes watched serials or devotional channels. On weekends, they will spend time with e
tended family members or visit temples. xxxxxxx would also go shopping for groceries with his
Plaintiffs’ Mandatory Settlement Conference Brie
wife and do laundry for the household. ha xxxxxxx now experiences great loneliness during the
day because her son and daughter work while she stays at home.
xxxxxx xxxxxxx relied upon her father to escort her to English classes and helped her apply
for a job at McDonald’s where she worked. After her father’s passing, xxxxxx xxxxxxx did not
have fortitude to continue to use the bus to travel to English classes, and thus she stopped atten
ing. xxxxxx xxxxxxx also experiences great loneliness and loss from her father’s absence. Her f
ther made lunch for her daily. She was closer to him than her mother. Her expectation is that her
ther would have helped arrange her marriage.
xxxxxx xxxxxxx would rely on his father for advice, both financial and personal. They
ank chai together every morning, and he ate dinner with his father every night. The family also
incurred expenses for the funeral, religious ceremonies and income lost by xxxxxx and xxxxxx B
dalia because they were unable to work. Additionally, Medi as a lien of $3,313.
VI. SETTLEMENT NEGOTIATIONS
Defendant offered ; his policy limit, prior to litigation and again in a 998 offer
the mediation, Plaintiffs’ offered to lower their offer to settle to if Defendant would
raise his to $200,000.
Dated: May 26 LAW OFFICE OF ASIT PANWALA
Asit Panwala
/C_
Attorney for aintiffs xxxxx xxxxxxx,
xxxxxx xxxxxxx and xxxxxx B dalia
Funeral expenses were $4892.50, but Farmers compensated xxxxxx xxxxxxx
$2000 for funeral services. xxxxxx xxxxxxx missed approximately 30 to 40 hours of
work at a wage of $9 an hour. xxxxxx xxxxxxx lost about $2000, by taking vac
tion days as a result of his father’s death, and another $10,000 in miscellaneous
Plaintiffs’ Mandatory Settlement Conference Brie
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Document Filed Date
May 29, 2018
Case Filing Date
September 27, 2007
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fic Plaintiffs’ Mandatory Settlement Conference Brie Natvarlal xxxxxxx (“xxxxxxx”), fifty nine years old, had recently immigrated to the country, and lived with his adult son, adult daughter and wife while working odd jobs. At approximately 5:25 p.m., Ravindran came to a stop in a lane designated for left turns at the intersection of M chelangelo and Remington. Ravindran told the police that he stopped, and then accelerated to a speed of 15 to 20 miles an hour he turned onto R mington Drive. RT of Officer Ramirez at 48:9 Ravidran claims that he did not see any pedestrians in the area nor did he see anyone walking on standing in the crosswalk. Sunnyvale Police Report at 7. Ravindran realized that he had a collision and saw a person on the hood of his car. RT of Officer Ramirez 48:3 49:2. xxxxxxx was on the ground and moaning. of Arun Ravi dran at 19:1 Ravindran called 911 and admitted that he hit a person with his car told police officers that he did not see B lia prior to the collision. RT of Officer Ramirez at 48:16 er Ramirez observed that dust on the hood of Odyssey had been disturbed that was co sistent with a pe son being on the hood of the car and falling off. RT of Officer Ramirez at 20: 10 He did not find any damage to the umper of the Odyssey. at 58 Officer Ramirez noted that xxxxxxx was carrying mail he had picked up that day when he was hit . at 59:7 Officer Ramirez believed that xxxxxxx was in the crosswalk during the collision based u where his body was found and throw distance calculations at 20: 10 18; 29:18 30:19; 51:1 At the hospital, doctors attempted to save xxxxxxx’s life. xxxxxxx passed away at 1:28 a.m. One of the hospital employees found a note in xxxxxxx’s pocket that stated in Gujur “T am committing suicide because of being physical unwell and r lated troubles. My wife Rekhaben lived together with me and coo erated well throughout my life. I do not consider her as guilty for this. Living with my ill health, I do not want to trouble, put in ha assment you all including children xxxxxx, xxxxxx, and wife xxxxx.” Supplemental Police Report ofO ficer Cronin at 2. He initially told 911, “I think | hit a person while | was turning.” When the 911 0 erator pressed him, Ravindran admitted that he hit a person. Plaintiffs’ Mandatory Settlement Conference Brie xxxxxxx’s medical records show that he did not suffer from any serious infirmities and the most serious health issue he had in the past year was ani fection to his eye. xxxxxx xxxxxxx had spoken to his father at 5:10 p.m., and they had a conversation where his father requested that xxxxxx print documents for a job application at 3. The medical examiner found that the immediate cause of death was craniocerebral injuries resulting from a collision between a van and pedestrian. See Death Certificate. Officers determined that Ravindran was inattentive when he made the left turn in violation of Vehicle Code Section 21950(a). RT of Officer Ramirez at 57:12 Eric Rossetter, a mechanical engineer, determined that 1) xxxxxxx was in the crosswalk at the start ofthe left turn by to Ravindran, 2) xxxxxxx had traveled 24 to 30 feet into the crosswalk at the opportunity for Ravindran to perceive, react and stop before the collision, 3) the pedestrian was likely visible at the last opportunity for Ravindran to perceive, react and stop before the coll sion, and 4) xxxxxxx was likely in the crosswalk at the time of impact. See hibit One, Diagram of Impact. LIABILITY IN THE MATTER Ravindran is responsible for the accident. He owed duty of care to pedestrians when he made left turn. The suicide note is a red herring as xxxxxxx had no reason to believe Ravindran would hit him with his car given that he was in the crosswalk DAMAGES xxxxx xxxxxxx has been married to Natvarlal xxxxxxx since 1982. or a few months before the accident, she worked as a baby sitter. Since the accident, she has stopped wor ing. She relied upon her husband to take care of the finances and make important family decisions. They would have lunch daily and walked together after dinner before ing the news. During the day, they sometimes watched serials or devotional channels. On weekends, they will spend time with e tended family members or visit temples. xxxxxxx would also go shopping for groceries with his Plaintiffs’ Mandatory Settlement Conference Brie wife and do laundry for the household. ha xxxxxxx now experiences great loneliness during the day because her son and daughter work while she stays at home. xxxxxx xxxxxxx relied upon her father to escort her to English classes and helped her apply for a job at McDonald’s where she worked. After her father’s passing, xxxxxx xxxxxxx did not have fortitude to continue to use the bus to travel to English classes, and thus she stopped atten ing. xxxxxx xxxxxxx also experiences great loneliness and loss from her father’s absence. Her f ther made lunch for her daily. She was closer to him than her mother. Her expectation is that her ther would have helped arrange her marriage. xxxxxx xxxxxxx would rely on his father for advice, both financial and personal. They ank chai together every morning, and he ate dinner with his father every night. The family also incurred expenses for the funeral, religious ceremonies and income lost by xxxxxx and xxxxxx B dalia because they were unable to work. Additionally, Medi as a lien of $3,313. VI. SETTLEMENT NEGOTIATIONS Defendant offered ; his policy limit, prior to litigation and again in a 998 offer the mediation, Plaintiffs’ offered to lower their offer to settle to if Defendant would raise his to $200,000. Dated: May 26 LAW OFFICE OF ASIT PANWALA Asit Panwala /C_ Attorney for aintiffs xxxxx xxxxxxx, xxxxxx xxxxxxx and xxxxxx B dalia Funeral expenses were $4892.50, but Farmers compensated xxxxxx xxxxxxx $2000 for funeral services. xxxxxx xxxxxxx missed approximately 30 to 40 hours of work at a wage of $9 an hour. xxxxxx xxxxxxx lost about $2000, by taking vac tion days as a result of his father’s death, and another $10,000 in miscellaneous Plaintiffs’ Mandatory Settlement Conference Brie Exhibit One 5 NE hs Le: Saab mS hs caret Aes a es we ia ay as ah ahs BY iNes et me £3 .e; SSSa a = , ey <= er)fo) a oF aN RKxo oe Lh ai — ny a et 3 * Bs i Si R oN tt) a Ye ps a a my oe “2 ay y tyo ou i S Cie eh a me Ww Q aS Co Sh tra <6 oS 10 wu > MV ce \ \ Pees * SH FS) 4A) ba e A =i at ox a ms sr AY a Sb a Om ~~ Ww s: me aS = ie BN He ® pier et nity uoulwied ~\y ee) —_ ey oy = ki gee Tm | NS as J ‘e a SS a oxy ES Se # a Eee o a ee BS eS Ssae ce or Cast a ahs is aa i Peck Ss as > Ge ~s Eas eS ey Sy at BN i ss A) SS te Su J ee: NESA) 7 a eS <3 Yee a LE mi SatNO noe a8 FP vv . yo oes