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Estate of minor, Jane Doe vs. Sue Smith, Mr. Smith, and ABC Corporation

Practice Area: Wrongful death

Outcome: $4.5 million settlement

Description: A 14 year old girl was killed while riding as a passenger on an ATV. The ATV was owned by a friend's parent. That parent gave his 14 year old daughter the keys to the ATV and told her to go use it with her friends. 14 year old Jane Doe had little to no experience with ATVs. This particular ATV had an owner's manual that stated (1) never allow anyone to operate under the age of 16, (2) always use safety helmets and, (3) never allow anyone to ride as a passenger. The father did not provide helmets to the children, did not warn the children about using the ATV or riding as a passenger, and did not supervise the activity. The 14 year old girl driving the ATV lost control and the ATV flipped resulting in Jane Doe sustaining skull fractures that took her life, and that would have been prevented by use of a helmet.

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