Settlement – Parking Lot Wrongful Death
Mathew K. Hargrave
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.