Nothing published (yet, at least) from the Ninth Circuit or California Court of Appeal today, so I thought I would briefly mention this published opinion yesterday, which arises out of an intrafamily dispute that just so happened to be in my neighborhood (down here in San Diego).
Not my family, thankfully.
Even if your siblings and/or family aren't all that tight, I hope that it's at least better than this.
A brief summary by Justice Buchanan:
"This wrongful death case has its origin in a feud between four adult brothers over the division of their parents’ estate. Decedent Wade Fisher and plaintiff Todd Fisher were on one side. Defendants Brittin Fisher and Kent Fisher were on the other. Wade, the youngest, was a recovering alcoholic who had been sober for 15 years. After their father died, Wade cared for their mother before she went into assisted living, then he moved to Hawaii to escape the family dysfunction.
Todd’s wrongful death claims stem from a phone call Brittin and Kent made to the San Diego Police Department (SDPD) five months after their mother died. Todd alleged that Brittin and Kent falsely reported their mother missing, even though they knew she had died of natural causes, with the intent to cast suspicion on Todd and Wade. As a result, SDPD contacted Wade by telephone to inquire about their mother but quickly dropped the matter after learning she was dead. The phone call greatly upset Wade. A week later, he relapsed and drove his motorcycle drunk with marijuana in his system and without a helmet. He crashed and died. A psychologist testified that the phone call caused Wade’s relapse.
Todd sued Brittin and Kent for wrongful death on behalf of himself and Wade’s estate. A jury found Brittin and Kent liable for negligence and intentional infliction of emotional distress (IIED). The jury also found Brittin and Kent conspired to make false statements to SDPD requiring law enforcement intervention, and acted with malice, oppression, or fraud. On causation, the jury found their conduct was a substantial factor in causing severe emotional distress and harm to Wade. The jury awarded about $5.1 million to Wade’s estate and $4.3 million to Todd, including $80,000 in punitive damages against each defendant."
The Court of Appeal affirms.
So as long as you haven't sued your sibling for multiple millions of dollars lately, you're probably better off relationship-wise than this one.
