INFANT DEATH CASE SETTLED UNDER EXCESS LIMITS

Darrell Calvin recently obtained a favorable settlement for his Johnson County, Texas used car dealer client and its excess insurance carrier surrounding the death of a one month old infant with bystander claims of two siblings and mother.  It was alleged that the client sold a defective minivan without an appropriate brake transmission shift interlock device.  It was alleged that one of the two siblings that were in the vehicle was able to put the car in drive without depressing the brake pedal and the van ran over the mother and the infant was killed when it flew from the mother’s arms.  Plaintiffs sought $50,000,000 in damages in their petition.  The case was ultimately settled well under the excess policy limits to the satisfaction of the client and the excess carrier.

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