Family sought damages from fatal head injury

The decedent in this matter was an elderly retired autoworker with no spouse or children. The man was standing in the street that he lived on behind a paving truck while a neighbor’s driveway was being repaved. As the paving truck began to back up slowly, the man fell, hitting his head on the road surface. Several witnesses were present. None of the witnesses could tell whether the truck made contact with the man or he fell while trying to move away from the vehicle.

The man was transported to an area hospital by ambulance and died of his injuries. The executor of his estate asserted a claim against the paving contractor, who had no collectible assets. The case was quickly settled for the policy limits of the paving contractor’s auto insurance, $100,000.00, without the need to file a lawsuit.

Laurence H. Margolis, counsel for plaintiff, provided case information.