Jessica Malone et al v. USAA et al
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| Case Name: | Jessica Malone et al v. USAA et al |
| Case Number: | LACL134770 |
| Date of Trial: | 09/18/2017 |  | Venue: | Polk County |
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| Casetype/Claims: | Wrongful death. |
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| Judge: | |
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| Plaintiff's Counsel: | James R. Lawyer | | Defendant's Counsel: | Scott K. Green |
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| Verdict: | Plaintiff's verdict: Spousal loss - $1.3 million; Parental loss - $500,000 |
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Statement of Case:
This case arises out of a serious car crash that happened on November 22, 2014 near Sloan, Iowa. A car driven by Shishay Gidey crossed the center line on Highway 141 and crashed into a GMC extended cab pickup driven by Larry Malone, which also contained his wife, Myrna Malone; his daughter, Jessica Malone; and his sister-in-law, Donna Timm. All parties agree that Shishay Gidey was 100% at fault for the crash. As a result of Mr. Gidey negligently crossing the center line, Myrna Malone was killed. The estate of Myrna Malone sued their own insurance company, American Family Insurance Company for breach of contract. It is undisputed that the Malone family purchased and paid for contracts of insurance providing underinsured motorist coverage to cover harms and losses caused by a negligent driver who did not have insurance to fully pay for the damage caused. All parties agree Mr. Gidey had too little insurance coverage to cover the damages done. Your job as jurors will be to appraise the total losses under Iowa law as explained in the instructions and I will enter a verdict based on your answers and the contract and law. The claims in this case are for loss of consortium, meaning the value of the loss of services companionship, love, affection and guidance that Myrna Malone would have provided her husband Larry Malone and children Ryan and Jessica Malone had she not been wrongfully killed. |
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Documents of interest:
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