Georgia DOT Settles Wrongful Death Lawsuit for $600,000
The family of a woman, who was killed during an auto accident on I-85, will receive $600,000 from the Georgia Department of Transportation for their losses. The DOT has also delivered an apology to the family of the victim, Patricia Heller.
In January 2003, healthcare consultant Heller was on her way to her employer's office when her taxi spun out of control on a rain slicked highway, and crashed into a tree. She died from injuries sustained in the accident. Her husband filed a wrongful death lawsuit that named the Georgia Department of Transportation, city inspectors and others.
The claim against city inspectors was based on the fact that the accident was traced to a bald tire on the taxi, which had cleared inspection just the previous day. The claim against the Georgia Department of Transportation was based on the premise that the highway design of the section where the accident occurred was defective, and that a tree should not have been allowed to grow so close to the road.
A judge in Fulton County ruled that tree clearance was an issue for the city of Hapeville, and not the DOT. However, the judge allowed the defective highway design claim to go forward. Claims against the estate of the taxi driver who has since died, and a former city inspector responsible for inspecting the taxi, will now proceed.
The Georgia DOT not only awarded the family damages, but also apologized for their pain and suffering. It's not frequent that state transportation agencies apologize for an accident, or even settle. Indeed, the Georgia DOT had delayed a settlement for years, insisting that it had immunity in this accident.
The Fleming firm is an Atlanta Personal Injury law firm, helping victims of car accidents in Atlanta recover compensation for their losses.
