Scott Monge Helps Family Of Victim In Wrongful Death Case

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Plaintiff’s decedent, a pedestrian, was struck as he was standing in a roadway by defendant who was operation a 1997 Dodge Caravan. The incident occurred on March 26, 2000 at 1:18 a.m. Decedent Joe Yarbrough had a Blood Alcohol Concentration (BAC) of .27 at the time he was struck. From the impact with the vehicle, decedent suffered blunt force trauma to his chest, multiple leg fractures and a large head wound to the front left lobe of his brain.

Yarbrough was transported to the hospital and was pronounced dead upon arrival.
Decedent was 46 year old single male who was an unemployed construction worker. He was survived only by his mother. Plaintiff alleged that the defendant had duty pursuant to statute O.C.G.A. 40-6-93 to exercise proper precautions on observing intoxicated persons. Plaintiff further claimed that despite having seen decedent standing in the roadway, defendant failed to brake as evidenced by lack of any skid marks at the scene. Plaintiff claimed $504 in medical specials for the emergency room with $7,503 in funeral costs and $436,477 in future lost wages. Defendant agreed to settle after plaintiff’s initial demand for the policy limits.

The alleged injury was wrongful death. Decedent was survived by his mother. Plaintiff sought $504 in medical specials, $7,503 in funeral and $436,477 in future wage loss.

This case settled for the policy limits prior to suit filed. Per plaintiff’s counsel, Scott Monge, settlement was impacted by the fact that the wrongful death damages exceeded the policy limits, the fact that plaintiff was standing in plain view at the time, and by the lack of evidence of braking by defendant.