Defendant argues plaintiff did not have immediate family, wasn’t naturalized
Plaintiff, a 54-year-old non-U.S. citizen, was riding his bicycle on the gravel shoulder portion of a rural Michigan roadway. Defendant truck driver veered to the right, off the roadway, and onto the gravel shoulder portion of the roadway, colliding with plaintiff’s bicycle and knocking him to the ground.
The accident caused a traumatic brain injury, resulting in the necessity for multiple surgical interventions. Plaintiff was subsequently placed into a brain injury facility where he remains as an in-patient, undergoing occupational and speech therapy and other therapies.
Plaintiff was a seasonal farm worker who has been permanently disabled as a consequence of subject crash.
Deposition testimony of the investigating police officers reflected that defendant had a clear and unobstructed view of the roadway, and that the roadway, other traffic and weather conditions did not contribute to the crash. The officers also said that plaintiff did nothing to contribute to his injury.
Defendant argued that plaintiff’s lack of U.S. citizenship, spotty work history and lack of immediate family members should result in a minimal financial recovery.
The matter settled for $4 million prior to trial.
Type of action: Third-party tort liability
Type of injuries: Traumatic brain injury resulting in total and permanent disability
Name of case: Confidential
Court/Case no./Date: Confidential; confidential; March 11, 2013
Settlement amount: $4 million
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