A favorable settlement has been reached in a lawsuit filed by the estate of a 51-year old father of three, who was killed while idling in stopped construction on southbound I-71. On April 28, 2015, the deceased was traveling southbound in Warren County when the vehicle he was driving was rear-ended by a semi-tractor trailer operated by Home Run Inc. The driver was obviously distracted and did not brake until one second prior to the collision. Although Home Run initially denied its existence, SMBP Attorneys later learned a dash camera recorded the minutes preceding the accident. Following deposition testimony from the defendant truck driver regarding the existence of the camera, Home Run admitted a video camera recorded the crash; Home Run denied any access to the video recording, claiming the camera was never recovered from the scene of the accident. Further testimony revealed, however, the fact that Home Run’s safety director and lawyer were told of the camera’s existence on the day of the accident. In addition, the driver’s cell phone’s texting and call histories were deleted prior to the cell phone being produced for inspection by SMBP attorneys. These discovery abuses resulted in SMBP Attorneys pursuing a claim for spoliation of evidence.
After several months of litigation, which included filing two separate motions to compel evidence and to sanction defendant for its discovery abuses, SMBP Partner Todd Powers and Associate Katie Barbiere were able to successfully negotiate a $3.2 Million settlement with the trucking company. The settlement will benefit the deceased’s three surviving children, his father, and grandchildren.