$135,000.00 - D.P. v. C.O.M. (municipality)

Case Conclusion Date: August 14, 2012

Practice Area: Wrongful Death

Outcome: $135,000.00

Description: Case arose from a pedestrian collision which resulted in the death of a mother of three children. Liability was heavily disputed throughout this matter. The incident occurred at approximately 12:30AM in Henry County in an unlit area of industrial highway. Decedent was apparently attempting to flag down a ride when a police officer for the Defendant municipality struck her with the front right side of his cruiser. The defense throughout the case alleged that the decedent was severely intoxicated, and was contributorily negligent in crossing the unlit roadway outside of any crosswalk. A post-mortem toxicology test performed by the medical examiner's office revealed the presence of multiple narcotic substances in the decedent's blood stream at the time of death. Decedent was unemployed with virtually no earnings history. Plaintiff took numerous depositions and determined that the officer involved in the wreck had taken central nervous depressant pain medication before going on duty, and was speeding at the time of impact. No blood test was performed on the officer involved in this wreck. The case settled one week before a specially set trial in Henry County. Multiple structured settlements were created for the children of the decedent.