Cinderella Loses to Step-Mother in Wrongful Death Case
(photo by 
Kim Sobanski)
In apportioning wrongful death settlement proceeds among the plaintiffs under CCP 377.61, the Court is not limited to the evidence produced in the action nor that upon which defendant relied in caluclating the settlement sum. The evidence in this case, however, did not justify an allocation of settlement proceeds 90 percent to the daughter and 10 percent to her step-mother even though the daughter's witnesses testified that her father intended to divorce his wife.
Corder v. Corder 2007 SOS 4351
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