MALIBU—Attorneys for Kimberly Howe’s stepchildren have disputed Caitlyn Jenner’s motion to dismiss their wrongful death suit.
Jenner—who is referred to as Mr. Bruce Jenner in all court documents—filed a motion to dismiss Dana Redmond and William Howe’s wrongful death claim in late May. In the motion, Jenner asserted that Redmond, 60, and Howe, 57, lacked the legal standing under California law to bring their case. In California, in order for stepchildren to bring a wrongful death suit, they must be able to prove that they were financially dependent upon the deceased.
Jenner and her lawyers contend that Redmond and Howe are financially independent adults who lived across the country (Redmond in Maine, Howe in New York) from their stepmother, and therefore “they did not depend on their elderly stepmother for food, clothing and shelter, or for any necessities of life,” according to the filing.
Redmond and Howe’s lawyers are asserting that the stepchildren were financially dependent on Kimberly Howe. “Plaintiffs are able to set forth a variety of facts to demonstrate that not only did they have a very real relationship with Ms. Howe during the 40 years that she was their stepmother,” reads their counter filing, “but that they relied on her at least to some extent, for some of the necessities of life.”
Redmond and Howe filed the original wrongful death suit in Los Angeles Superior Court on May 1. They alleged that Jenner was “negligent, careless and reckless” in the Malibu crash on February 7, and that their stepmother’s death “caused [them] to suffer enormous damages and losses.”
All details of the Malibu Pacific Coast Highway crash are still unclear. According to police reports, Jenner rear-ended Kim Howe’s Lexus after Howe had stopped to avoid hitting the stopped Prius in front of her. Howe’s Lexus then drifted into oncoming traffic, where it was struck by a Hummer. Howe was pronounced dead at the scene. Jenner has cooperated with investigators, and has not been charged of a crime in conjunction with the accident.
Judge Teresa Beaudet is scheduled to hear the dismissal motion on June 16.