When Personal Injury Cases Involve Heavy Emotion

Good personal injury stories are difficult to come by. The following story while, tragic, follows through with a landmark case and portrays the legal options exercised to win a case under such precedence. The Lawyer for this story is Raffi K Kevorkian, a personal injury lawyer with the firm of Kevorkian & Madenlian, LLP in Costa Mesa, California. Mr. Kevorkian was the Attorney in the case of a Wrongful death of a three year old representing the parents. This tragic event transpired in a parking lot where a three year old allegedly darted out in front of a Lifted Chevrolet Truck in this parking lot as he attempted to run across the lot to his father tragically resulting in this child’s demise. The investigating police agency concluded the driver of this vehicle was not at fault as he was neither speed nor inattentive and it was the child who “darted” out in its path.

Despite this adverse finding, the insurer for the driver agreed to tender the individual limits for the wrongful death, but it refused to pay the Dillon v. Legg (A CA Supreme Court decision which entitles a close relative of a deceased who witnesses the demise the right to bring an emotional distress claim without physical injury to themselves in this accident) or negligent infliction of emotional distress claim.