When an individual dies in circumstances caused by another person's or organization's negligent behavior, the survivors of that individual could take the responsible party to court with a wrongful death case. If the responsible parties are found legally liable, they could be held financially responsible for a variety of expenses such as lost wages, emotional pain and suffering, medical bills and even funeral expenses. This is what happened in yet another fatal accident stemming from negligence by the Ohio Department of Transportation.
A judge has recently decided that ODOT was liable in a wrongful death case stemming from an automobile accident in 2008. The case, which was recently decided by the Supreme Court of Ohio, stated that ODOT was legally liable for the accident because poor road conditions were responsible for causing an accident which resulted in the woman's death.
The accident occurred when, while driving home, a truck swerved into the lane she was driving in and collided with her vehicle head on, fatally injuring her. The truck was forced to swerve as a result of hitting a large pothole in the road. The judges ruled that, had the pothole not been in the roadway, the accident would not have happened, making ODOT legally liable for the incident.
The court also made a ruling on the damages which would be awarded in the case. The victim's family would be given approximately $1.54 million in compensation for her lost future wages and household services, as well as $1.8 million for loss of society and mental pain and suffering for Dennis Miller and their two children. However, this amount was reduced to compensate for awards already granted from another wrongful death case against the Morgan Trucking Company.
Source: fox19.com, "ODOT to pay $1.8M to family of woman killed in crash caused by pothole," Kelly Taylor, Sept. 9, 2013
No Comments