Settlement: $545,000

Attorney: Christina Stone

Our client died when he was struck by a car while standing in the roadway directing traffic so a dump truck could back into the driveway at a job site.  This case had significant liability challenges, as our client had volunteered to help direct traffic and was not acting within the scope of his employment.  Although the defendant’s insurance company argued that our client should not have been in the roadway, we were able to successfully argue the Doctrine of Last Clear Chance and recovered the policy limits of $50,000 under the policy. We presented a claim to our client’s underinsured coverage, which was a business policy. After arguing with the insurance company that our client should be covered under the policy for this incident, we recovered $375,000 under the policy. Finally, we presented a claim to the dump truck’s insurance company, arguing that their driver shared some responsibility for this loss by creating the traffic conditions in the roadway that morning that our client was attempting to assist with.  We recovered $120,000 from the dump truck’s insurance, bringing the total recovery to $545,000 for our client’s surviving family.