Wrongful Death

   Flat v. CMB Foods: $2,000,000.00 verdict. This was a death case. The deceased was a construction worker who was working along the edge of U.S. Highway I-85, Montgomery County, Alabama. The plaintiff was struck by an on-coming vehicle. Defendants contended, and had an eye-witness, who testified plaintiff was standing in the middle of the highway at the time he was struck. The accident occurred approximately at 9:00 a.m. and visibility was clear. Plaintiffs demonstrated that the eye-witness was some distance from the impact and was, in fact, in a curve which would give an inaccurate view to the witness. From a distance, considering the curve, it may appear to a witness the plaintiff was in the roadway.

  Plaintiff’s testimony demonstrated, to the satisfaction of the jury, that plaintiff was actually standing on the shoulder of the highway next to a vehicle. Forensic evidence demonstrated that the right rear view mirror of the offending truck, in fact, struck and left an imprint on the left side of plaintiff’s face. The rear view mirror also struck the left rear view mirror of the truck parked on the shoulder of the road. The indenture marks on both rear view mirrors was sufficient to satisfy the jury that the plaintiff was standing on the shoulder of the road at the time he was struck by the defendant’s vehicle.

The case was tried to a verdict and the jury awarded $2,000,000.00 to the plaintiff. CMB Foods, defendant, only had $1,000,000.00 insurance coverage. Efforts had been made to settle within the policy limits of CMB Foods insurance policy. The offer was declined and a claim was paid by plaintiff against the insurance company for the $1,000,000.00 excess verdict. The case was settled with the insurance company for CMB Foods paying the full $2,000,000.00 verdict.