Truck pushes vehicle into traffic, collides with other vehicle: Respondent superior liability: Wrongful deaths: Settlements

Law Reporter, Jun 2001

Patton v. Value City Furniture, Ohio, Logan County C.C.P., No. 99-ES-177, July 2000.

Cummins, 61, and her husband, 59, were driving on a highway when a furniture truck rear-ended their vehicle, pushing it into oncoming traffic where it collided head-on with another car. The truck then traveled across the median and struck a vehicle in which Skeen, 83, and Patton, 62, were riding. Cummins and her husband suffered fatal injuries. Skeen was taken to a hospital where she later died. Her medical expenses totaled approximately $6,800. Patton suffered a dislocated and crushed ankle, lacerated liver, dislocated right elbow, right knee laceration, and fractured left forearm. Her medical expenses totaled about $99,700. A sales clerk, Patton's lost wages were about $14,900 and her diminished earning capacity is estimated at $68,500.

The administrators for the estates of Cummins, her husband, and Skeen, and Patton and her husband sued the truck driver's employer, alleging respondeat superior liability. Plaintiffs claimed the driver was negligent in failing to maintain a clear distance ahead. The estate administrators did not claim lost wages.

The parties settled for $1.33 million. Patton and her husband received $640,000. Cummins's estate received $400,000, and her husband's estate received $50,000. Skeen's estate received $240,000. Defendant's insurers paid the settlement.

The Pattons' experts were Rod W. Durgin, vocational analysis, Toledo, Ohio, and Harvey S. Rosen, forensic economics, Cleveland, Ohio. The expert for Skeen's estate was Thomas E. Darrah, general practice, Bellefontaine, Ohio.

Plaintiffs' Counsel

*Dale K Perdue, Columbus, Ohio