Tuesday, February 4, 2014

$1.35 million Settlement: Mechanic killed when van hits car at 55 mph

It’s contended defendant driving the van had cruise control on, never slowed

Plaintiff’s decedent, a 31-year-old auto mechanic, was heading to his father’s home. En route, he drove through an intersection controlled by an east-west stop sign that gave the right of way to the north-south traffic. A van owned by defendant Gratiot County Community Mental Health was driven through the intersection, striking his vehicle on the driver’s side at approximately 55 mph.

His vehicle was forced across the intersection and into a field, where it came to rest and caught fire. He died a short time later, and his body was burned beyond recognition. He left behind a wife and two children, ages 1 and 3.

It was argued that the driver of the van had cruise control on and never slowed down the van prior to impacting Wilson’s vehicle.

Plaintiff’s counsel said that the key to settling the case for $1.35 million was submitting a detailed settlement demand that documented facts that would have been used to support a jury demand of damages in excess of $950,000. The remaining funds sought to compensate the decedent’s estate were calculated based on the possibility of a jury awarding compensation for decedent’s conscious pain and suffering experience after the injury but before his death.

Type of action: Auto negligence

Type of injuries: Death

Court/Case no./Date: Montcalm County Probate Court; 13-31336-DE; Sept. 26, 2013

Settlement amount: $1.35 million

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