In this case, a Los Angeles judge would have to determine, based upon the evidence, whether the evidence is strong enough to warrant a higher settlement, or verdict.
Los Angeles, CA (PRWEB) April 22, 2011
August Bus IV, the last descendant that ran the Anheuser-Bush brewing company prior to its sale in 2008, has offered a $1.5 million dollars as a wrongful death settlement over the death of his girlfriends’ family’s personal injury lawsuit for negligent wrongful death, according to news sources here. (The case is Martin v. Busch, 11SL-001294, Circuit Court of St. Louis County, Missouri.)
Busch’s deceased girlfriend was identified as Adrienne Martin, age 27, who died at his mansion on December 19th. An autopsy allegedly showed that Ms. Martin died of a fatal over dose of cocaine after taking the painkiller oxycodone. According to the news sources above in paragraph one, Martin died in the bedroom of the Busch mansion located in a upper class St. Louis suburb.
No charges were filed against the 46 year old Busch after St. Louis County prosecutors ruled the death an accidental overdose. After prosecutors made the decision not to file criminal charges, Martin's family, including her ex-husband, filed a wrongful death lawsuit on behalf of his and Martin’s 8 year old son Blake. The lawsuit claims that Busch age 46 was negligent in the death of Adrienne Martin.
The attorney representing Martin’s son, confirmed that Busch has offered the settlement. There is a hearing that is scheduled on May 10th in front of Circuit Judge William Syler at Cape Giradeau Missouri. The hearing will be held to decide whether or not the settlement is in the best interest of Martin’s son. In California, this is commonly referenced as a “minor’s compromise” hearing.
George Eby of Springfield Missouri, Martin’s father, and Cristina Trampler of Ozark Missouri, her mother will also qualify for a portion of the settlement. According to Busch’s personal injury, the settlement was offered to settle the entire lawsuit, without admitting to any wrongdoing. The attorney also stated the Busch wanted to ensure that Martin’s son Blake was taken care of. In 2008 Busch sold the Anheuser-Busch brewery that began brewing beer in 1864, to a Belgian brewer, InBev, for approximately $100 million. According to wrongful death attorney Michael Ehline, of Ehline Law Firm PC at 633 W 5th St. #2890, Los Angeles, CA 90071; 213.596.9642, the intricacies of this settlement offered in the wrongful death of should be resolved in the May 10th hearing, when the decisions will be made to determine how Martin’s son will benefit the best, if at all.
Normally, in a California court, the judge will decide whether the attorney should be forced to eat his filing fees, and other costs, which "probably makes the judge look good in front of the parents", but “probably doesn’t make the judge look to good to the wrongful death attorney, and certainly won’t help the judge get the endorsement of that attorney, when he runs for re-election,” Ehline says.
In this case, a Los Angeles judge would have to determine, based upon the evidence, whether the evidence is strong enough to warrant a higher settlement, or verdict. For example, if the prosecutor had charged and successfully prosecuted Busch, this would have certainly put pressure to award a much larger amount.
According to lawyer Ehline, "typically, the prosecutor would need proof that the accused, Busch, supplied the cocaine, for example." But Ehline says, "here, it appears there was insufficient evidence to get a successful prosecution." He says, "although the standards for a criminal case are higher, and a civil case requires less evidence, it appears that this dollar number is low for a death of a mom."
At least from a the perspective of Ehline, who believes, "the case would settle for more in California, just to avoid the media circus." He states that, "assuming arguendo, that there is alleged proof, such as witnesses, drug dealers, etc., who saw the defendant, Busch, give the decedent coke, then the family would be in a much stronger position, and the prosecutor could potentially reconsider the filing a criminal complaint."
In all events, this report by California Personal Lawyer Michael Ehline, discussing the Busch Beer Offer of $1.5 Million to settle dead girlfriend’s wrongful death lawsuit, covers many of the considerations that would effect a case like this in California court, and additional fact patterns and questions are always open for discussion by Ehline Law Firm PC at: 21250 Hawthorne Blvd. #515 Torrance, CA 90503 (424) 233-0709; or 201 Wilshire Blvd. #2, Santa Monica, CA 90401. 310-376-8488; or in Riverside County, at (951) 777-2474, 41593 Winchester Rd, #286, Temecula, CA 9259. And they are also available to meet and discuss cases at: (909) 963-0709 8333 Foothill Blvd #170, Rancho Cucamonga, CA 91730 and last, but not least, the Bay Area, at: (415) 684-7688, 50 Francisco St. #460, San Francisco, CA 94133.
A car accident, assault, dog attack, or drug overdose can lead to a brain injury and eventually a wrongful death. Get the best legal advice and protect the rights of consumers by contacting them to learn more about this and other legal issues, whether a reporter, news programmer, or consumer, Ehline Law Firm PC is your source for legal news, articles and releases on the latest legal issues.
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