Race car collides with flag stand: Mechanical failure: Wrongful death: Emotional distress: Verdict

Law Reporter, Apr 2000

Holman v. Keegan, Ohio, Erie County C.C.P., No. 97CV-696, Sept. 9,1999.

Holman, 44, was in a flag stand at a racing event. He was killed when a race car went out of control and hit the stand. He had been a turnpike employee earning about $38,000 annually. His medical expenses totaled approximately $1,500. He is survived by his wife, two adult children, and parents.

Holman's wife filed suit against the driver, the owner and operator of the race track, and the race promoters. Plaintiff alleged that the race car had a mechanical failure that compromised the steering mechanism. Additionally, plaintiff brought a spoliation of evidence claim against the driver for allegedly disposing of the car before plaintiff could examine it.

The owner and operator of the race track and the race promoters paid $450,000 in settlement of the claims against them. A jury awarded plaintiff about $2.1 million in a lawsuit against the driver, including $250,000 for emotional distress.

Plaintiff's expert was Camille B. Wortman, psychology, East Setauket, N.Y.

Plaintiff's Counsel

* James T. Murray, Sandusky, Ohio

Comment: An Ohio appellate court held that the uninsured driver's race car came within the uninsured motorist coverage of plaintiff's automobile insurance policy. West Am. Ins. Co. v. Holman, No. S-98-016 (Ohio Ct. App. Oct. 30, 1998). A copy of the court's opinion is available through the Court Documents section in the back of this issue, courtesy of Mr. Murray.