Ben Herbert, individually, and as personal representative of the Estates of Benjamin Herbert and Mary Ann Herbert, deceased v. TMS Transport, et al.
Published: Sep. 2, 2000 | Result Date: May 22, 2000 | Filing Date: Jan. 1, 1900 |Case number: 992007768 Verdict – $0
Judge
Court
Snohomish Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Tim Moebes
(technical)
Facts
On Dec. 3, 1997, at approximately 11 p.m., Ben and Mary Herbert, ages 68 and 72, were killed in a truck and car collision on I-5. The defendant's driver was cited for improper lane change. The plaintiff contended that the accident occurred when the defendant driving the truck was pulled from the shoulder of I-5 onto the freeway and the decedents' vehicle collided with the back of the truck. The collision occurred in a construction zone and several eye witnesses following the Herbert vehicle testified that the truck was difficult to see. One eyewitness immediately behind the Herbert vehicle nearly collided into the Herberts, but was able to steer to the left and lost control and went into the median. The plaintiff's expert testified that the truck driver was negligent and that he should have waited for a larger gap in traffic to pull onto I-5.
Settlement Discussions
The plaintiff demanded $2.5 million prior to trial. The defendant offered $75,000 prior to trial, with indication that it would have increased the offer, but the plaintiff indicated they would not consider anything less than $1 million.
Specials in Evidence
$16,000, including funeral expenses.
Injuries
Death
Length
four days
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