Bus runs stop sign: Failure to heed stop sign: Wrongful death: Multiple fractures: Mediated settlement

Law Reporter, Oct 2004

Doe v. Sullivan, U.S. Dist. Ct., D. Minn., No. 02-1235 (JEL/JSM), Oct. 22, 2003.

Doc, 69, and his wife, 59, were crossing a road on foot when a Canadian bus ran a stop sign and struck them. Doe suffered fatal injuries. He had been a retiree and is survived by his wife and five adult sons.

Doe's wife suffered fractures to her neck at C2, humerus, femur, and clavicle, and cognitive injuries, among other injuries, and was in a coma for almost a month. Her past medical expenses of approximately $300,000 were paid by the county blue cross plan. A welfare office worker earning about $30,000 annually, she has been unable to return to work.

Doe's sons from his first marriage, individually, and Doe's wife, individually and on behalf of Doe's estate, sued the bus company and the driver. Doe's sons from his second marriage were trustees in the wrongful death suit. Suit alleged the driver was negligent in running the stop sign.

The parties settled during mediation for $3.1 million, including $2.5 million for the personal injury claim and $600,000 for the wrongful death claim. Doe's sons from the second marriage settled separately for a confidential amount.

Plaintiffs' expert witnesses in this case were Linda K. Graham, life-care planning, Roseville, Minn.; llael Rodning, economics, Rogers, Minn.; and Martin E. Finch, medical illustration, Minneapolis, Minn.

Wife and second Marriage Sons' Counsel

* Jerome S. Rice, Plymouth, Minn.

First Marriage Sons' Counsel

* Peter W. Riley, Minneapolis, Minn.