Facts

Shara Blevins was driving her truck with her granddaughter, Erika Blevins, as a passenger. She stopped the truck, set the parking brake, and put the manual transmission in neutral before leaving to walk the dog. She left Erika, then 10, inside the truck. The truck, however, began rolling downhill. Shara stepped in front of the truck in an attempt to stop it, but the truck rolled over her and killed her. Erika was able to stop the truck at the bottom of the grade. She discovered her dead grandmother at the top of the hill with her leg bone exposed because of an open fracture.

Shara's survivors sued Chapman's Las Vegas Dodge Inc. and Chapman's Las Vegas Dodge LLC for wrongful death. Plaintiffs claimed that the truck had been repaired by the defendants the year before after an accident, which included the replacement of a parking brake cable. Plaintiffs alleged that the brake was so far out of adjustment that it was not able to hold the vehicle on the grade. Erika also sued for negligent infliction of emotional distress.

Defendants filed a counterclaim against Jerry Blevins, the special administrator of Shara's estate, as well as Shara's estate, alleging that counter-defendants failed to properly maintain the brakes in the intervening period and that Shara violated state statutes by abandoning her vehicle and leaving it in neutral on a hill.

Damages

Plaintiffs sought damages for Shara's pain and suffering, as well as for wrongful death and emotional distress for each of the individual plaintiffs.

Result

Erika settled her claim against defendants for $1.1 million. The remaining plaintiffs' claims were not available.