22-year-old an ‘innocent victim’ in deadly collision. Her life was worth millions, jury decides
The Muscogee State Court case ended around lunchtime Wednesday with the jury's verdict of
The award goes to her mother Hiuy Huynh, her surviving parent and executor of her estate. Held liable for the truck driver's negligence were his employer, MDV SpartanNash, and its liability insurer,
The accident happened
Huynh was traveling in the opposite direction, riding a 2009 Yamaha FZ6R east on
Both Hooks and Huynh had a green light when they reached the intersection, but Huynh had the right of way, as she was headed straight and Hooks was turning left in front of her on the five-lane road, and should have yielded, police determined.
"There was nothing that ...
The truck driver later acknowledged the error was his alone, the suit said: "
Representing Huynh's mother was
The case
Hooks at the time was 61 years old. Huynh was 22, a
She was a first-generation American citizen from a family that settled in
The day of the crash, she had just left a gym with a bookbag on her back as she traveled down
Coming the other way, Hooks had a clear view of the road ahead for at least 1,000 feet, but did not stop before turning left onto
Huynh hit the rear of the trailer. Plotting the turn showed that a half-second before impact, she would have been "staring down the middle of the trailer," Hamilton said.
Court filings included a witness' account of the crash:
Parsons called 911 and ran to her, according to court record.
She died in the hospital at
Police determined she was not speeding before the collision, he said.
The trial
The trucking company and its insurer eventually acknowledged their liability for Hooks' actions, but maintained the
The defense case began "unraveling" after Hooks acknowledged he was at fault, Hamilton said. Admitting liability while focusing on the amount of damages was a way to "take all the heat out of the case," he said -- to argue that
He said Smith, representing the defendants, told jurors the damages were not worth
The lawsuit alleged Hooks' negligence included driving too fast for conditions, distracted driving, failing to yield while turning left, failing to keep a proper lookout, failing to exercise due care and failing to stop on time.
Hamilton said the defense initially claimed a pickup truck blocked Hooks' view of the oncoming motorcycle, and he could not have yielded to a vehicle he could not see.
But not watching for approaching vehicles also is negligent, Hamilton said: "You not only have to yield. You have to keep a proper lookout."
The lawsuit sought "the full value of
The trial was held before Muscogee State Court Judge
Hamilton and other attorneys said the amount awarded likely ranks among the largest
After the verdict, both sides arranged to preclude any further proceedings by ending the case with a "confidential agreement," the terms of which will not be disclosed, Hamilton said: "There will be no appeal."
___
(c)2019 the Columbus Ledger-Enquirer (Columbus, Ga.)
Visit the Columbus Ledger-Enquirer (Columbus, Ga.) at www.ledger-enquirer.com
Distributed by Tribune Content Agency, LLC.
Sens. Grassley, Wyden Press HHS, CMS on Physician Payment Sunshine Act Compliance
At least 94 dead after ferry filled with Iraqi revelers sinks; NEWS BRIEFING; Staff and news services; Mayor leads push for review in ‘Atlanta Child Murders’ cases ; ACLU sues FBI for records tied to 2017 black extremists report ; Trump orders colleges to back free speech or lose fund access ; Ex-Brazilian leader arrested in corruption probe ; EU leaders offer May more time for orderly Brexit
Advisor News
Annuity News
Health/Employee Benefits News
Life Insurance News