Legal Question in Personal Injury in California

CaT and Mouse

On Nov 1,2004 the owner of home where my son lived went outside in his yard brandishing a gun. Swat and Sherriffs were called and had a 5 hour standoff. The end result was the homeowner was shot 14 times and killed. My sons car was parked in front of home and Sherriffs and swat used my sons car as cover and since no shots were fired by homeowner it was obvious the officers somehow put 3 large bullets thru my sons car shattering his back windshield. I filed a claim against county and their respnse was the deceased estate was responsible for damages. The deceased wife whom he had been separated from then took over home. So I have done paperwork to sue for damages to my sons car but dont know how to file it. Not sure if I am supposed to sue with her name , his name, estate ? I did contact the homeowners insurance company and they say they are not responsible ither. I do know somebody is going to pay for the damages to my sons car. My son missed work and suffered a lot of trauma from situation considering he was inside home when all transpired and was lucky he did not get hit by one of the 23 bullets that screamed thru the walls as they were carelessly shooting.


Asked on 9/23/05, 12:32 am

1 Answer from Attorneys
David Lupoff Law Offices of David B. Lupoff

Re: CaT and Mouse

Since the homeowner caused the shootout, his estate should be liable. The insurance company is probably contending that the homeowner's conduct was outside the policy. Depending on the nature and extent of your son's trauma injury, you may have a good lawsuit against his estate. Whether or not the homeowner's insurance policy would cover the damages would only be known by a good read of the policy. One quick note, should you son only desire to repair his car, I would recommend small claims court. Be sure to include the homeowner�s insurance carrier in the lawsuit as well as his wife. They might be dismissed, but it�s better to let the judge decide if they�re liable.

Should you desire a free consultation, please feel free to contact my office at 818.943.0462.

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Answered on 9/26/05, 4:50 pm


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