Congratulations to Brian Rubin and Kristen Briney on their unanimous defense verdict in a wrongful death case following a three-week jury trial in Maricopa County Superior Court!
The suit involved a 2018 accident which took place on the US 60, in Arizona. Specifically, the Thomas Rubin & Kelley client was cut off by an unknown vehicle as she attempted to merge onto the freeway. In an effort to avoid this impact, the TRK client lost control of her vehicle and struck a concrete barrier wall on the right side of the freeway. This caused her to tip over and come to a rest on the shoulder of the freeway. Numerous vehicles behind the now disabled vehicle perceived and reacted to this incident. In fact, one of the vehicles in the far-right lane came to a stop behind the TRK client’s vehicle. At some unknown time shortly thereafter (somewhere between 3 and 8 seconds), a motorcycle being operated by the decedent approached the scene. For some unknown reason, this individual was traveling at a speed too fast for the conditions that existed at the time. When he finally reacted to the scene in front, the motorcyclist applied only his rear brakes. This caused him to lose control of the motorcycle. He separated from the motorcycle a short distance from the vehicle that had stopped in the roadway behind the TRK client. Due to his momentum, it threw him into the rear of that vehicle where he was killed as a result of multiple blunt force trauma.
Various witnesses testified, including witnesses to the accident, a pair of investigating officers and multiple experts. During closing arguments, Plaintiffs’ counsel sought a jury award of over $6 million. After deliberation, the jury returned a unanimous verdict in favor of the Thomas Rubin & Kelley client.
Michael Kelley wins summary judgment in a wrongful death case in Maricopa County!
This case involved a mother who filed a wrongful death lawsuit after her 19-year-old daughter was struck and killed by a motorist while walking across the street. The Plaintiff sued the driver of the vehicle and both of his parents alleging that they were vicariously liable for the actions of their son under the family purpose doctrine. The driver was still in high school and lived with his mother during the week, but his father was the one that owned the vehicle. Even though the family purpose doctrine has broad application in Arizona, TRK was able to successfully convince the court that the mother could not be held liable under the family purpose doctrine because she did not furnish the vehicle to her son. The mother and father were not married, lived in separate households, and provided separate financial support to their son. While the mother had given her son money for his needs, she never gave him money specifically for gas or maintenance of the vehicle. The mother did have the ability to stop her son from driving the vehicle, but the ability to stop him from driving the vehicle was not equivalent to furnishing the vehicle. Since the family purpose doctrine only creates liability for the head of a family if they furnish the vehicle to a family member, the mother could not be held liable for the death of the Plaintiff’s daughter. While the Plaintiff could pursue the wrongful death claim against the driver and his father, there was no basis to allow the claim to continue against TRK’s client.