Trial Magazine

One evening, 6-year-old A.G. was walking with his family in the parking lot of Oakridge Mall in San Jose, Calif. As A.G. was holding his mother’s hand, motorist Meena Sanghera struck him. A.G. suffered fatal injuries. He is survived by his mother, father, and 12-year-old sister, who all witnessed the incident. The surviving family members suffered severe emotional distress and required counseling.

A.G.’s parents, individually and on behalf of his sister, sued Sanghera, alleging that she failed to keep a proper lookout and pay proper attention to her driving. The plaintiffs also sued Sanghera’s restaurant, which was located in the same mall. The plaintiffs contended that although the restaurant was closed at the time, Sanghera was in the course and scope of her employment because she was conducting errands for the restaurant’s benefit at the time of the incident.

In addition to wrongful death damages, the plaintiffs also sought damages for bystander emotional distress.

Sanghera was covered by a personal automobile insurance policy and an umbrella policy. Her restaurant was covered by a commercial insurance policy.

The parties settled before trial for $4.5 million, including $1.75 million to each parent and $1 million to A.G.’s sister. The commercial and umbrella policies each paid $2 million, and the automobile policy paid $500,000.

Citation: Gadre v. Sanghera, No. 17CV 306695 (Cal. Super. Ct. Santa Clara Cnty. Nov. 14, 2017).

Plaintiff counsel: Todd P. Emanuel, Redwood City, Calif.; and AAJ members Randy M. Hess and Nicole Adams-Hess, both of Campbell, Calif.