$10M Settlement for Fatal Lexus Parking Lot Accident
Table of Contents
Case Background
On a quiet morning in August 2022, a routine trip to a Torrance parking lot turned into a tragedy that claimed the life of Gary Ginn. On August 22, Gary Ginn walked as a pedestrian near 2200 Crenshaw Blvd when Aileen Connett, driving a blue 2016 Lexus GS350 owned by her and Elmer Connett, attempted a U-turn to pull into a parking space. During this manoeuvre, she suddenly struck Mr. Ginn, running him over. The situation worsened when she reportedly backed up and ran him over a second time. Emergency responders rushed Mr. Ginn to the hospital, but he succumbed to his injuries on September 3, 2022.
Cause
The legal action identified the primary cause as the negligent operation of a motor vehicle by Aileen Connett. The Plaintiffs alleged that she failed to exercise the standard of care required of a reasonable driver, specifically by failing to keep a proper lookout for pedestrians while manoeuvring in the parking lot.
Injury
Gary Ginn suffered catastrophic physical trauma from being struck twice by the vehicle. These injuries ultimately proved fatal, leading to his death several days after the incident. His surviving family members his widow Nancy and his children Diane, Robin, Nannette, and Harlan reported profound emotional distress and a permanent loss of the love, companionship, and support he had provided.
Damages Sought
The family filed a lawsuit seeking both general and special damages. Their claims included compensation for the loss of Mr. Ginn’s financial support and services, as well as the medical and healthcare expenses he incurred between the accident and his death. Most significantly, they sought damages for the "loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support" resulting from his wrongful death.
Key Arguments and Proceedings
The legal proceedings focused on whether Aileen Connett's actions met the legal definition of negligence and the extent of the impact on the Ginn family.
Legal Representation
Plaintiff(s): Nancy Ginn (individually and as Successor-in-Interest) | Diane Ginn | Robin Henmi | Nannette Ginn | Harlan Ginn.
· Counsel for Plaintiff(s): Arthur M. Petrousian | Daniel S. Desantis | Tatevik Gasparyan
Defendant(s): Aileen Connett | Elmer Connett
· Counsel for Defendant(s): Frederick John Ufkes | Lei Wei | Kimia Karami
Key Arguments or Remarks by Counsel
The Plaintiffs' counsel argued that Aileen Connett acted with a total lack of attention. They emphasized that she had every opportunity to avoid the collision if she had been operating her vehicle with reasonable care. The double-impact—first striking him and then backing over him served as a central point in their argument for gross negligence.
In response, the defense counsel argued that Gary Ginn shared responsibility for the accident. They contended that he failed to exercise ordinary care for his own safety while walking in the parking lot. They sought to reduce any potential damages by applying the principle of comparative liability, suggesting that the decedent's own actions contributed to the fatal outcome.
Claims
The Ginn family brought two primary legal claims:
Negligence: They alleged the Defendants breached their duty to operate the vehicle safely and manage their property in a way that avoided harming others.
Wrongful Death: They sought justice for the death of Gary Ginn, which they maintained was the direct result of the Defendants' reckless and careless behavior.
Defense
The Connetts denied all allegations of negligence and wrongdoing. Their primary defense rested on the claim that Gary Ginn was himself negligent and that his own failure to use caution while walking was a contributing factor to the accident. They also argued that third parties not named in the suit might have contributed to the injuries.
Settlement
After reviewing the evidence and considering the arguments from both sides, the parties reached a resolution. The legal dispute concluded with a settlement of $10,000,000 to be paid to the Ginn family. This amount compensates the widow and children for the loss of their patriarch and addresses the medical expenses incurred during his final days.
Court documents are available upon request at jurimatic@exlitem.com