|
RICHMOND, VA -- Plaintiff's decedent, Ashley Myers, an 18-year-old high school senior,
was killed instantly when the vehicle in which she was a passenger was rear-ended
by a tractor trailer on Interstate 66 in the early morning hours of Jan. 28, 2007.
Because Ms. Myers and the driver were both killed in the accident, as was the operator
of an automobile that had apparently stopped immediately behind them, not all the
circumstances surrounding the accident were clear.
In response to questions asked by an investigating state trooper, the defendant
operator of the tractor trailer, which was owned by M. Pittman Enterprises LC, indicated
he was not aware he had hit two vehicles. Evidence at the accident site suggested
the vehicle in which Ms. Myers was a passenger might have stopped in the right travel
lane of Interstate 66 because of mechanical problems. The driver of the automobile
behind them might have stopped to render assistance. There was evidence that the
rear tail lights, including hazard lights, had been activated and were working on
the two automobiles at the time of the collision.
There was total liability insurance coverage on the tractor trailer. There were
no claims of economic damages, beyond funeral bills, for plaintiff's decedent and
her deceased teenage driver. However, the driver of the second automobile involved
in the accident left a widow who had significant economic damages in the form of
a lost income claim. The plaintiffs first participated in a mediation at which they
agreed how the coverage would be divided among them in the event the defendants
and their insurance carrier offered the entire amount of the coverage or a jury
rendered jury verdicts in the amount of the coverage.
Subsequently, coverage was offered and accepted, and the case settled in accordance
with the split of proceeds previously decided upon during mediation.
Type of Action: Wrongful death
Type of Injuries: Death
Name of Case: Administrator of the Estate of Ashley Myers v. M. Pittman Enterprises
LC and Mac Kriesch
Date: Dec. 13, 2007 (date of wrongful death compromise approval hearing)
Tried Before: Mediation
Name of Mediator: F. Bruce Bach
Verdict/Settlement: Settlement
Insurer: Empire Fire and Marine Insurance Co.
Plaintiff's Attorney: Douglas A. Barry, Fredericksburg
[08-T-022]
|