Settlement – Parking Lot Wrongful Death
Mathew K. Hargrave

July 2016

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The estate of an elderly Plaintiff and her surviving spouse sued the owners of adjoining buildings alleging that the parking lots of their buildings were unreasonably dangerous and were a cause of Plaintiff's injuries and decedent's death when a Co-Defendant reversed her vehicle through the parking lot, striking the pedestrians who were taking a shortcut through the private property.  Plaintiffs alleged there was nothing preventing them from using the property as a pass-through and had seen others doing so.  Although Plaintiff retained an expert that opined as to the unsafe nature of the parking lot, a defense posture was maintained throughout the case and BVH conducted discovery with an eventual Motion for Summary Judgment in mind on several alternative bases.  A one-time settlement offer was made after the filing of the motion and was accepted less than an hour before the pending Motion for Summary Judgment was to be heard.