Pedestrian crossing the road in a crosswalk was struck by a driver making a left hand turn. Plaintiff was thrown down and dragged along the asphalt when his backpack became caught on the offending driver’s truck. Plaintiff was life-flighted to the hospital. He suffered hand injuries which required multiple debridements and skin grafts and suffered non weight bearing pelvic fractures was well. Plaintiff remained in the hospital several days and was bedridden for weeks.
Mitchell v. SMRC
Jul 15, 2008
Settlement - $510,000.00
Plaintiff’s decedent was a sixty eight (68) year old man with chronic obstructive pulmonary disease (COPD) with a 75 pack year history of smoking and was homebound on oxygen twenty four (24) hours a day. After suffering a breathing crisis, he was taken to the hospital and it was decided he required intubation and placement on a breathing machine. Nurse negligently set the infusion rate for the IV Diprivan and failed to monitor and the entire contents of the IV bag of Diprivan was infused into him which resulted in his death. This case is significant given the $350,000 cap on damages and the practical immunity given to emergency room personnel since SB3 was enacted into law in February 2005.
Morrison v. Wilbor
Apr 16, 2008
Settlement - $1,150,000.00
49 year-old mother of a nine (9) year old, delivering newspapers early one morning, was struck and killed by an illegally passing pick up truck as she attempted to make a left turn into a private driveway. Defendant was speeding and had crossed the double yellow lines in an attempt to pass plaintiff. The deceased suffered massive head injuries and died immediately upon impact.