8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement

Type of action: Wrongful death, tractor-trailer crash

Injuries alleged: Death of 8-year-old girl; right orbital fracture to 5-year-old boy; various other soft tissue injuries to other three occupants

Name of case: Mack v. Miller’s Express Trucking

Date resolved: 12/15/2022

Special damages: $103,311 in medical bills of decedent; $66,895 in medical bills for decedent’s brother

Demand: $1,300,000

Offer: $1,100,000

Verdict or settlement: Settlement

Amount: $1,100,000

Attorneys for plaintiff: Greg Webb and Kyle McNew, Charlottesville

Description of case: The Mack family — mom, dad (driving), two boys in middle row seats and Amelia Mack in the third-row seat — were driving from North Carolina to Greene County to visit family. They were in a minivan loaded with Christmas presents driving in the left lane on Route 29 northbound in Nelson County just south of the Albemarle County line. A deer darted in front of them from the median. Dad braked but still hit and killed the deer. Seconds later, defendant Miller’s Express rear-ended the minivan at more than 50 mph with his tractor-trailer, braking about 1.5 seconds before impact. Defendant truck driver claimed that the minivan passed him in the right lane, swooped in front of him and then encountered the deer such that defendant could not stop in time. Minivan driver disputed this account, as did his front-seat passenger. Amelia passed away as a result of the crash, and the other van occupants suffered injuries of varying degrees. The case settled prior to suit with contributions from both the tractor trailer’s liability carrier and the family’s carrier.

Greg Webb, counsel for plaintiff, provided case information.

[023-T-026]