$3 million awarded to family
of motorcyclist killed by truck debris
Margaret Zack, Star Tribune
Published March 18, 2003
The family of a motorcyclist who was struck
and killed by a wooden pallet that fell off a truck
has been awarded $3 million, believed to be one of the
largest awards ever in Minnesota for such injuries.
Brian D. Smith, 22, was struck in the
head on May 17, 2001, while traveling east on Hennepin
County Rd. 144 at interstate Hwy. 94 in Rogers.
John Sheehy, an attorney for the family,
said that what happened was “easily preventable.”
Debris in the truck, owned by Christian Builders Inc.,
was not properly secured as required by law, Sheehy
said.
Smith’s mother, Bonnie Olson, said
after the verdict, “I hope no other family has
to go through the loss of their son.”
Smith and his brother had a business installing
wooden floors. He was on his way to a second job as
a cook in a Rogers restaurant when the accident happened,
Olson said.
Legal experts agreed with Sheehy, who
is with the Meshbesher & Spence law firm, that the
award is a substantial one for the loss of the companionship
of a child.
Terrance Moore, immediate past chairman
of the Minnesota State Bar Association Civil Litigation
Section, called the award very significant and said
that typically parents don’t recover large amounts
in such cases. He said he wasn’t familiar with
the specific facts of the case.
Defense attorney Rolf Sonnesyn also said
the award was substantial. He said he suggested to the
jury that $300,000 would be a fair amount for the damages.
Sonnesyn said there was no intent at all
by his client to harm Smith
“In hindsight, {driver David Christian}
should have made certain the load was secure,”
he said.
He said his client admitted negligence
before the trial, so the only issue for the jury was
the amount of damages.
Sonnesyn said he was exploring options
for asking Hennepin County District Judge Mary Steenson
DuFresne to reduce the award.
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