$1.3 million Settlement: Motorcyclist hit, killed in highway exit collision

Plaintiff says driver who had diabetic seizure had chances to stop earlier

In a wrongful death action plaintiff sought compensatory damages from defendants.

On June 25, 2012, defendant was working in the scope of his employment. He was driving a van on eastbound Interstate 94 in Kalamazoo County when he began driving erratically.

He got off the highway at the Portage Road exit, where he collided with the vehicle in front of him. That vehicle, in turn, hit plaintiff motorcyclist who was killed instantly.

The police arrived and performed an investigation. Officials stated that Smith had suffered a diabetic seizure, causing him essentially to lose consciousness prior to the collision.

Defendants argued that a sudden emergency caused the accident.

Plaintiff’s accident reconstruction expert mapped out how many minutes defendant had been on the road when he first started having symptoms of an impending diabetic seizure. The report noted that defendant could have gotten off the highway sooner at the available exits before Portage Road, and that other evasive measures could have been taken to avoid the accident.

The matter settled in Kalamazoo County Circuit Court for $1.3 million.

Type of action: Wrongful death

Type of injuries: Death, loss of companionship and society

Court/Case no./Date: Kalamazoo County Circuit Court; 12-0649-NI; Jan. 11, 2013

Settlement amount: $1.3 million

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