$750,000 Settlement: Both drivers claimed right of way in wreck

Witnesses: both may have had red light

On July 29, 2012, brothers Ramesh and Saikumar Pichika left their Sterling Heights home and traveled southbound on Dodge Park Road toward Metropolitan Parkway in Sterling Heights. Ramesh Pichika was driving the 2000 Toyota Camry and was traveling southbound at approximately 35 mph.

Mere feet from entering the intersection of Dodge Park and Metropolitan Parkway, the traffic signal turned yellow. Because the vehicle was basically in the intersection and traveling at or less than the posted speed limit, Ramesh continued through the intersection.

At the same time, defendant Michael Belanger was driving a 2005 Chevrolet Trailblazer westbound on Metropolitan Parkway. He reached 42 mph and continued to travel westbound at that pace. He entered the intersection at Metropolitan Parkway and Dodge Park without ever touching his brakes, and collided with Pichika’s vehicle on the driver’s side as it traveled southbound on Dodge Park. The force of the collision was so strong that Pichika’s vehicle rolled over multiple times and Belanger’s vehicle tipped on its passenger side.

Shortly after the accident, personnel from the Sterling Heights Fire Department arrived at the scene, removed Ramesh Pichika — who was unconscious — from the vehicle and began performing CPR. Within minutes, the Pichikas were taken by ambulance to Henry Ford Macomb Hospital in Clinton Township. Ramesh Pichika never regained consciousness but lingered until life support was removed the next day and he succumbed to his injuries.

The parties disputed liability vehemently. Plaintiffs argued that the decedent entered the intersection just as the traffic signal turned from green to amber, while defendant testified that he had a green signal at the time he entered the intersection.

Eyewitnesses traveling in the same direction as the decedent were unclear as to the color of the traffic signal, though one witness behind the decedent’s vehicle said that plaintiffs were going through a yellow light when the car was struck.

Another witness who was traveling westbound alongside defendant testified in deposition that defendant went through a red signal, but on cross-examination said she wasn’t looking at the light at the exact second he went through.

Expert testimony indicated that both parties may have had a red traffic signal at the time of the accident.

Plaintiff’s estate brought a claim against defendant driver and his employer, defendant Belanger Brothers Maintenance Inc., for wrongful death, and cited loss of society and companionship. At the time of his death, Ramesh Pichika was a 31-year-old single man who was in school with aspirations of becoming a physical therapist. He was not married and did not have any children at the time of his death.

In addition, Saikumar Pichika brought a claim for negligent infliction of emotional distress, for having witnessed his brother’s death.

The case was facilitated by Hon. James J. Rashid twice, eventually settling for $730,000 for the wrongful death claim and $20,000 for the emotional distress claim.

Type of action: Wrongful death, negligent infliction of emotional distress

Type of injuries: Death, emotional distress

Court/Case no./Date: Macomb County Circuit Court; 2012-005664-NI; March 5, 2014

Settlement amount: $750,000

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