In January 2006, Attorney Timothy M. Whiting earned one of the highest recoveries in St. Claire County for a 76 year-old man.
On February 22, 2003, a man age 75 at the time of the auto accident, died when Defendants’ ambulance drove through the intersection and t-boned his vehicle. Plaintiff, who never regained speaking capabilities, survived for several months before deceasing at age 76 due to his extensive injuries.
As he was never able to testify, liability was hotly contested as several witnesses wavered on whether or not the Defendants’ ambulance had a green light and whether Plaintiff was making an illegal left turn when it approached the intersection. Defendants argued that the ambulance was operated within the proper standard of care and Defendants disputed that their conduct reached the level of wanton and willful misconduct pursuant to the EMS Act.
The higher standard posed an additional hurdle for the Plaintiff in prevailing. Plaintiff’s Decedent was survived by 6 adult children. Despite the question of liability and the higher burden of proving the wanton and willful standard, Mr. Whiting effectively showed through expert reconstruction and bio-medical testimony that the Defendants were liable under the higher standard and the parties reached the settlement three weeks before trial.
This case is believed to be the highest recorded settlement in St. Clair County for a 76 year-old man.
The firm has also won numerous cases that were either settled or tried before a jury and resulted in millions of dollars in recovery for the firm’s clients over the past 15 years.