Hale v. Superior Court

Opinion

WORK, J.

Factual and Procedural Background

Lilian Hale (Hale) was driving on the wrong side of the road when she collided with a car driven by Carol DeFelice (DeFelice). Hale was taken to a hospital where it was determined she had severe left-side paralysis and multiple malignant brain tumors. She died 10 days later.

DeFelice and her husband (DeFelices) filed a personal injury action against Hale’s estate and personal representative (collectively estate) for negligence and loss of consortium. The estate answered that Hale was not negligent but rather the accident was an act of God.

The…