Wrongful death action arising from a collision on March 25, 2019, in Washington County, Maryland. Plaintiff was traveling westbound on Boonsboro Pike near its intersection with Mill Point Road. Defendant B, had a stop sign at the intersection. B failed to stop and a horrific collision ensued.
Cell phone and vehicle module data records obtained during discovery revealed that Defendant B failed to stop because he was not paying attention and was possibly on the phone. Plaintiff was killed in the crash. His estate pursued a non-economic damages for over sixty hours of pain and suffering that the decedent experienced between the collision and his death.
Plaintiff’s wife also made a claim for (a) loss of companionship; married over 40 years, and (b) loss of support; c) and mental anguish.
Plaintiff’s daughter and son made a claim for loss of companionship and support (visited at work on lunch or talked on a daily basis, breaks and on weekends), as well as mental anguish.
Defendant was represented by counsel for Erie Insurance Company. Defendant argued that prior to the collision Defendant was 73 years old. He was a daily smoker with a serious heart condition. As a result, Defendant argued it was unlikely that a Washington County jury would award more than $500,000.
Simran Rahi and Mr. Portner disagreed and argued that Plaintiff was responsible regardless and that a jury would sympathize with the family. The case settled at mediation for $750,000.