$5,000,000
Wrongful Death of a Child/Emotional Distress Car Accident
A Johnston County jury awarded $5,000,000 - $3.5 million dollars for the wrongful death of an 11-year-old boy, and $1.5 million dollars for the emotional distress of his father, who tried unsuccessfully to save his son. The accident occurred at Smithfield Middle School when the defendant, an 84-year-old woman, attempted to back her van up in an area where students were dropped off before school. The driver apparently became confused, and stepped on the gas pedal instead of the brake, driving into a crowd of students. The boy’s father attempted to save him, as he lay dying in his father’s arms. The largest settlement offer the insurance company made before the verdict was $240,000.