context: In the absence of any physical evidence to determine the medical effects of the accident on Mr. Parra, his list of illnesses is too long to attribute causation to the accident. To support her case for benefits, it is the plaintiffs burden to establish that the accident caused her husband's death, or at least was an external event that set in motion a series of events that resulted in his death.
citation_a.signal: see also
citation_a.identifier: 198 F.Supp.2d 1157, 1162
citation_a.parenthetical: defining "accidental death" as caused by some event or occurrence unforeseen and external to the deceased that is the proximate or sole cause of death
citation_a.sentence: See Ells, 20 Cal.2d at 304, 125 P.2d 457 (holding that the burden is on the plaintiff); see Brooks, 27 Cal.2d at 309-10, 163 P.2d 689 (finding a preexisting illness is no bar to recovery if it sets in motion a chain of events resulting in death); see also Khatchatrian v. Continental Casualty Co., 198 F.Supp.2d 1157, 1162 (C.D.Cal.2002) (defining “accidental death” as caused by some event or occurrence unforeseen and external to the deceased that is the proximate or sole cause of death). Plaintiff does not present the Court with enough evidence to satisfy her burden.
citation_b.signal: see
citation_b.identifier: 27 Cal.2d 309, 309-10
citation_b.parenthetical: finding a preexisting illness is no bar to recovery if it sets in motion a chain of events resulting in death
citation_b.sentence: See Ells, 20 Cal.2d at 304, 125 P.2d 457 (holding that the burden is on the plaintiff); see Brooks, 27 Cal.2d at 309-10, 163 P.2d 689 (finding a preexisting illness is no bar to recovery if it sets in motion a chain of events resulting in death); see also Khatchatrian v. Continental Casualty Co., 198 F.Supp.2d 1157, 1162 (C.D.Cal.2002) (defining “accidental death” as caused by some event or occurrence unforeseen and external to the deceased that is the proximate or sole cause of death). Plaintiff does not present the Court with enough evidence to satisfy her burden.