A towing company hired John Rideout, a well-known local drug addict, to drive one of its tow trucks. Rideout had previously been convicted of a series of crimes including Possession of Marijuana, Driving While License Suspended, Forgery, Theft, and Delivery of a Controlled Substance (Heroin). An admitted addict, Rideout shot up with heroin and smoked marijuana shortly before operating his tow truck. While impaired, Rideout drove his tow truck north on Zell Road in excess of the speed limit. He drifted over the center line and struck Landen Harless, a 14-year-old boy who was walking on the other lane with two companions facing traffic and pushing a bicycle.
Rideout was prosecuted for negligent homicide. While the criminal case was being processed, Brett Murphy attorney Dean Brett proceeded with a claim against the towing company for negligently entrusting the tow truck to Rideout, claiming they either knew or had a reckless indifference about the people they employed. The tow truck company carried an insurance policy limit of $1,000,000. Fearing a plaintiff verdict, they offered to settle the claim for $950,000. In addition, the Harless' UIM policy paid policy limits of $50,000 for a total plaintiff's recovery of $1,000,000.
Washington damages in child death claims are broadly defined to include, "...loss and companionship of the child and for injury to or destruction of the parent/child relationship in such amount as, under all the circumstances of the case, may be just." This broad language has been interpreted to include parental grief, mental anguish, and suffering. In addition, medical, hospital, medication and related expenses and loss of services and support are recoverable, and the present value of the decedent’s future net earnings had he suffered a normal life expectancy are also recoverable.
Medical records and bills showed a medical expense of $79,393 for the nearly 12 hours during which Landen struggled to survive. Since he was conscious at the scene, the estate had a claim for pain and suffering in anticipation of death.
After the settlement was reached, the negligent homicide case proceeded to trial. The defendant was able to convince the jury that there was a reasonable doubt about whether his intoxication had caused the injury or whether the death had been caused by the boys walking on the traveled portion of the roadway. Consequently, Rideout was found not guilty.
While the effect of a not guilty verdict would have been devastating to the personal injury claim, because the claim was promptly settled for $1,000,000, the family was able to close the personal injury claim without the heart wrenching process of trying the case after the defendant had been found not guilty in the criminal arena.
Call the attorneys at Brett Murphy - Washington's Injury Lawyers today at 800-925-1875, or contact us via our online form.