Campos v. Coleman
123 A.3d 854 (2015)
Nature Of The Case
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Facts
Mauricio Campos (P), in her individual capacity and in her capacity as administratrix of the estate of her late husband, Jose Mauricio Campos (decedent), and Children, brought this action against Coleman and LQ Management, LLC (Ds). Ps alleged that Ds negligently caused the decedent's death. The Children alleged the loss of parental consortium. The suit resulted from an incident on September 15, 2008, where the decedent was riding a bicycle when he was struck by a motor vehicle that was owned by LQ Management (D) and operated by Coleman (D). The decedent suffered severe injuries and died three days later. Ds filed a motion to strike the loss of parental consortium, which the trial court granted. The jury returned a verdict for the decedent's estate on the wrongful death claim and awarded damages in the amount of $2,948,000. It also found that P was entitled to damages for loss of spousal consortium in the amount of $1 million. The jury held that the decedent had been 42 percent contributorily negligent and, accordingly, reduced the damages for the wrongful death claim to $1,709,840 and the damages for the loss of spousal consortium claim to $580,000. The Children appealed.
Issues
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Holding & Decision
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Legal Analysis
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