School van collides with vehicle: Negligence in falling asleep while driving: Respondeat superior: Wrongful death: Settlement

Law Reporter, Mar 2002

School van collides with vehicle: Negligence in falling asleep while driving Respondeat superior: Wrongful death: Settlement.

Doe v. Roe Sch., Tenn., Knox County Cir. Ct., No. 3-264-- 00, Apr. 17, 2001.

Doe, 37, was driving on a road. The driver of a private school van reportedly fell asleep and crossed into oncoming traffic, colliding with Doe's vehicle. He suffered fatal injuries.

Doe had been an employee of a manufacturer of mobile homes earning about $20,000 annually. He is survived by his wife and three minor children.

Doe's wife and children sued the school and driver of the van, alleging the driver was negligent in falling asleep at the wheel. Plaintiffs claimed the school was liable under respondeat superior.

The parties settled for about $2.5 million, including scholarships for Doe's two younger children with a present value of approximately $104,800. The school's insurer paid the settlement.

Plaintiffs' expert witness was John Moore, economics, Knoxville, Tenn.

Plaintiffs' Counsel

*William C. Cremins, Knoxville, Tenn.