After an earlier trial found for the defense, a Utah jury in a new trial returned an $81 million verdict in a case involving the death of 11-year-old Michael Madsen.
Salt Lake City, Utah – A Utah jury returned a total verdict of $81 million in a case arising from a fatal pedestrian incident. The crash occurred in Pleasant Grove, Utah, in December 2018. The parents of the victim, Michael Madsen, and the families of the two friends who witnessed the collision filed claims against the driver and the driver’s employer.
The 11-year-old was walking home with two friends when he entered a crosswalk on a walk signal. A commercial truck driver who was making a right turn struck and killed the boy in front of his friends. Surveillance footage also showed the truck approaching as Michael attempted to cross with the signal.
The case originally resulted in a defense verdict. However, plaintiffs successfully moved for judgment as a matter of law. The court conditionally granted a new trial. The Utah Court of Appeals later affirmed the district court’s ruling, and Claggett & Sykes Trial Lawyers was brought in to serve on the retrial team.
The plaintiffs’ claims included negligence against the driver and the employer. According to the plaintiffs’ evidence, the employer knew of the driver’s record of reckless driving and speeding but allowed the individual to continue operating commercial vehicles.
The verdict for a total of $81 million was mostly allocated to the boy’s parents, Mandy and Russ Madsen, while $7.5 million was allocated to each of the friends who witnessed the collision. The claims included negligent infliction of emotional distress.
Sean Claggett spoke about the verdict.
“You see the verdict, but the reality of this is Mandy and Russ lost their son, and they have to live with that,” he said. “That’s every day, and the jury valued that in a manner that was righteous.”
While the jury was deliberating, the parties reached an undisclosed settlement agreement. That agreement required the verdict to be returned before it became final.
Some reports suggest that the $81 million total may be a record for Utah jury trial verdicts.
Claggett and the rest of the trial team hope that the verdict will have a lasting impact on Utah safety. The thinking is that corporations that see the result in this case will decide that hiring or retaining drivers with a history of dangerous driving is not worth the risk.
“The verdict was great and it certainly sets a precedent in Utah, and I think you’ll see that people that are hurt or killed in Utah are going to have a much better opportunity to have justice done moving forward,” Claggett said. “I’m very proud of this.”
About Claggett & Sykes Trial Lawyers
Claggett & Sykes is a national trial law firm that represents clients in complex catastrophic-injury and wrongful-death cases. The firm states that its lawyers have brought more than 150 cases to jury trial and reports $3.4 billion in verdicts and settlements. To learn more about the firm and this case, visit https://www.claggettlaw.com/.
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