$2 Million Settlement Resolves Illinois State Wrongful Death And Survival Action Stemming From Collision That Killed Driver And Injured Her Minor Passenger
On Nov. 5, 2014, Robin Wells was operating a 2013 Kia Optima with her 9-year-old daughter M.M.L.W. as a passenger when a collision occurred with a 2002 Ford F-150 truck driven by Don L. Mueller, the owner of Don Mueller Construction Company. Mrs. Wells was traveling northbound on Illinois State Route 4 in Mascoutah, Illinois, and Mr. Mueller was traveling southbound on Illinois Route 4. Mr. Mueller allegedly crossed the center line and struck Mrs. Wells' Kia Optima. Mrs. Wells suffered bodily injuries and subsequently died. M.M.L.W., who has Downs Syndrome, sustained head, neck, chest, abdomen, and leg injuries.
On June 22, 2015, Paul Wells, individually, and as Independent Administrator of the Estate of Robin Wells and Guardian of M.M.L.W., filed an action against Mr. Mueller and Don Mueller Construction Company in the Circuit Court of the Twentieth Judicial Circuit, St. Clair County, Illinois. Mr. Wells alleged wrongful death pursuant to the Illinois Wrongful Death Act, 740 ILCS 180/1 et seq.; a survival action pursuant to the Illinois Probate Act, 755 ILCS 5/27-6; negligence; and claims pursuant to the Family Expenses Act, 750 ILCS 65/15. The case was assigned to Judge Andrew Gleeson.
The parties settled the action for $2,000,000, which included $642,833 in attorney fees, $37,622 in medical liens, approximately $691,200 to Mr. Wells, and approximately $628,356 to M.M.L.W., according to an Aug. 21, 2015 Metro-East News article. A petition to approve wrongful death settlement and to distribute settlement funds was filed on Aug. 11, 2016. That same day, the court approved the settlement and distribution and dismissed the action with prejudice.
Plaintiff was represented by David Cates of Cates Mahoney, LLC.
Defendants were represented by Stephen C. Mudge and Michael C. Hobin of Reed, Armstrong, Mudge & Morrissey, P.C.
Lexis Advance subscribers can view the full summary, including expert information, here: Paul Wells, Independent Administrator of the Estate of Robin Wells, and as Guardian of M.M.L.W., a Minor, and Paul Wells, Individually, v. Don L. Mueller and Don Mueller Construction Company; 2016 Jury Verdicts LEXIS 6671
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