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Family Agrees to $13M Settlement Over Fatal DUI Crash


— June 27, 2018

A wrongful death lawsuit involving the city of Seattle and the family of a Kokomo couple who died after being “struck by a habitual driver” recently settled for $13 million. The lawsuit was filed by the couple’s family against the city of Seattle and claimed that city “officials were negligent in keeping track” of the driver, Mark Mullan. Prior to the accident, Mullan had “five previous drunk driving arrests,” according to the lawsuit. Because of that, the family argued throughout the court proceedings that, “had Mullan been properly supervised, he would not have been behind the wheel on the day of the crash.”


A wrongful death lawsuit involving the city of Seattle and the family of a Kokomo couple who died after being “struck by a habitual driver” recently settled for $13 million. The lawsuit was filed by the couple’s family against the city of Seattle and claimed that city “officials were negligent in keeping track” of the driver, Mark Mullan. Prior to the accident, Mullan had “five previous drunk driving arrests,” according to the lawsuit. Because of that, the family argued throughout the court proceedings that, “had Mullan been properly supervised, he would not have been behind the wheel on the day of the crash.”

The couple that perished was Dennis and Judy Schulte. Both were well known and well liked in the Kokomo community and “moved to Seattle in 2013 to be closer to their son, Dan.” On March 25, 2013, the couple was out walking with their daughter-in-law and 10-day-old grandson “when a car driven by Mark Mullan hit them.” Tragically, the couple was pronounced dead at the scene while their “daughter-in-law and grandson, who were also hit, survived but suffered life-altering injuries.”

According to the police report from the accident, Mullan’s “blood-alcohol content was .22, nearly three times the legal limit.” Because of his prior altercations and drunk driving incidents, he was actually supposed to have an “ignition interlock device installed in his truck.” Additionally, at the time of the fatal accident, he was on probation and was driving with a suspended license. Since the accident, Mullan pleaded guilty of “charges of vehicular homicide and vehicular assault…and was sentenced to 18 years in prison.”

Image of the city of Seattle, WA
City of Seattle. WA; image courtesy of
Rattlhed at English Wikipedia via Wikimedia Commons, https://commons.wikimedia.org

When the Schulte family originally filed their lawsuit against the city of Seattle they were seeking $45 million. However, the city agreed to settle for $13 million out of court, “with $6.5 million coming from the city and the rest coming from insurance carriers.” Shortly after both sides agreed to the settlement, the city of Seattle released the following statement:

“This case presents a profound human tragedy that no family should have to endure. Seattle Municipal Court and its Probation Services Division recognize the devastating losses the Schulte family has experienced as a result of Mark Mullan’s decision to drink and drive. Despite the City’s supervision of Mr. Mullan, he made a tragic choice with horrendous consequences. The City and the city’s insurers have reached a settlement agreement with the Schulte family regarding the civil lawsuit against the City and Mr. Mullan. This compromise resolution will allow the City, its insurers, and the Schulte family to avoid the uncertainty of trial.”

Since the death of his parents, Dan Schulte made it his mission to have DUI laws in Washington state reexamined. His hard work eventually paid off when Gov. Jay Inslee “signed a bill that makes an individual’s fourth DUI offense a felony.”

Sources:

Family of Kokomo couple killed in 2013 crash reaches $13 million settlement with city of Seattle

Family, Seattle settle lawsuit for $13 million over deadly DUI crash

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