The Daily Journal
Jury gives Kin $25.5 Million for Family Deaths

By Ryan Oliver - Daily Journal Staff Writer

A Superior Court jury in Burbank on Wednesday awarded three adult siblings $25.5 million for the St. Patrick's Day deaths five years ago of their parents and teen-age brother who were hit by a drunken driver.

The jury deliberated 2.5 days before reaching its verdict against the estate of Tracy Michael Courrage, 26, who was killed in the head-on collision.

An autopsy showed Courrage's blood-alcohol level was twice the legal limit at the time of the accident.

Plaintiffs' lawyer Brian J. Panish of Panish, Shea & Boyle in West Los Angeles called the award "a monument to the loss suffered by the family."

"This is a very close, tight-knit family," Panish said.

In a statement, the family's oldest son, Jeffrey Sherman, said, "Nothing can make up for the tremendous loss our family has suffered. Our family will never be the same. "I can only hope that people will stop and think about what happened to our family before they get behind the wheel drunk."

Richard, 53, and Pamela Sherman, 51, along with their 15-year-old son, Ryan, were traveling home to Mammoth from Bakersfield on U.S. Highway 395 when their car was struck by Courrage on March 17, 2000. Courrage, along with two other people in his vehicle were drinking screwdrivers and had stopped at a liquor store to replenish their vodka supply when the accident occurred, Panish said.

Courrage's two passengers were the only survivors of the quadruple fatal accident. An autopsy revealed Courrage's blood-alcohol content was 0.181.

The Shermans' remaining children, Jeffrey, Andrew and Karen Sherman - ages 28 to 35 - sued Courrage's estate, culminating in an eight-day trial beginning June 27. Estate of Sherman v. Estate of Courrage, BC030284 (L.A. Superior Ct. July 20, 2005).

Earlier in this case, one of Courrage's passengers settled with the family for $500,000, Panish said. Panish estimated that the family could get an additional $8 million in prejudgment interest on the $25.5 million award.

But another attorney involved in the case said the family is unlikely to see anything close to that amount. State law that that allows for pre-judgment interest doesn't apply in this case, and Rosemarie S. Lewis, who represented Courrage's Insurance carrier, Mutual Casualty Insurance CO.

Metro Motorsports of Texas, owned by the brother of Courrage, was the registered owner of Courrage's car. The company carried a $1 million policy on the car. Before the trial began, they offered $1 million.

Lewis of Borton Petrini & Conron said Courrage's estate "wasn't a party in this lawsuit, they didn't make an appearance, they didn't put on a defense."

"The only issue in this trial was who was going to get the $1 million," she said.

Steven J. Freeberg, who represented Courrage's rear-seat passenger Kevin Magner of Dallas, also was trying to collect on the policy.

"This settlement's one of those big numbers no one's going to see," Freeburg said.

Sherman v. Courrage

Product Defects Business Litigation Aviation Disasters Pharmaceutical Litigation Corporate Fraud Government Liability General Personal Injury Wrongful Death Automotive / Tire Defects ATV/ Rhino Rollovers

Latest Firm News

Tilton v. Sempra - $15 million verdict for brain injury to minor resulting from a power company truck hitting a family vehicle.

Dominguez v. San Francisco - $21 million settlement while case was on appeal. Wrongful death of 4 year-old girl. Largest settlement ever paid by San Francisco.

Contreras v. State of California - $9 million settlment for amputation caused by a damaged freeway guardrail.

Don Gino Dominguez v. South Central Los Angeles Regional Care Center - $2 million verdict for wrongful death of a mentally and physically disabled 39 year-old man. Health care center left man unsupervised and he choked to death.

Doe v. Driver - $5.5 million settlement for death of pedestrian in an auto accident.

Doe v. Oil Refinery - $6.2 Million settlement for wrongful death and personal injury caused by the collapse of tank floating roof.

Avila v. Dresick Farms - $5.64 million dollar jury verdict for girl injured in truck v. van collision. Believed to be the largest verdict in the history of Imperial County, California.

Konrad, et al. v. Hewlett-Packard - Lawsuit filed against Hewlett-Packard for pretexting journalists and their families

Chief Warrant Officers v. Boeing, et al. - $13.55 million settlement for Army maintenance officers severely injured in the crash of Apache Longbow helicopter on a maintenance test flight during Operation Iraqi Freedom in Iraq.

Roes v. Doe Auto Manufacturer: confidential multimillion dollar settlement on behalf of a family involved in on-road rollover of sport utility vehicle.

Does v. Van Manufacturer and Rental Company - Confidential multi-million dollar settlement on behalf of the survivors and family members of 14 church group members involved in a fifteen passenger van rollover.

Hill v. Titan Tire - Confidential multi-million dollar settlement for a 42 year old man who sustained brain injuries following a tire failure on his vehicle.

Dominguez v. San Francisco - $27.4 Million Verdict - Mother and 6 others witnessed a city truck driver run over her daughter on a sidewalk. City completely denied responsibility. Largest verdict ever against the City of San Francisco.

Sherman v. Courrege - $25.5 Million Verdict - Wrongful death of mother, father, and son hit by a drunk driver.

Sorenson v. Burlington Northern & Santa Fe Railway - $2.8 Million Verdict - Plaintiffs were parents of a 48 year-old man killed when a freight train crashed into a commuter train.

Doe v. Auto Manufacturer - Major Confidential Settlement Fuel fed fire caused by defectively designed 15 passenger van rollover. Many occupants killed or severely burned.

Flores v. Continental Tire - Major Confidential Settlement - Woman sustained paraplegia when the right rear tire on the family's Ford Windstar van experienced a tread belt separation, causing the vehicle to roll over.