The latest blog post from Frank Azar:
A lawsuit filed by the estate of a mother and son, who died in a fatal car crash back in March of 2013, and the two children that survived, is currently in the process of being settled.
The lawsuit was initially filed on February 25th in Montgomery County Court on behalf of the husband and father of the deceased against Amsterdam man David W. Bain.
The proposed settlement has been revealed to be $420,000. The amount is set to be paid by either Bain himself or his insurance company, State Farm Mutual Insurance Company.
According to the Leader-Herald, “Bain was charged in September with three counts of second-degree manslaughter, three counts of criminal negligent homicide, second-degree assault, reckless driving and failure to keep right.”
The accident occurred on March 10, 2013 when Bain was driving east on Route 67 and allegedly crossed the yellow line, striking the westbound Tanya Sleight. “Sleight, 33, and her friend Shyara Concepcion, 39, were pronounced dead at the scene.”
Sleight’s oldest son, Elijah Sleight, 9, passed away the following day, March 11, at the Albany Medical Center from his injuries. Sleights two other children, Naomi and Michael, were also in the car and survived the crash, although Naomi reportedly suffered severe injuries.
The suit alleges that Bain was driving in a “negligent manner” and that the Sleight family was wearing seatbelts. Additionally, the suit states that Naomi Sleight was in a “child-safety restraint at the time of the accident”.
The settlement awards the following:
$103,251.85 to Naomi Sleight in personal-injury damages as well as the wrongful-death proceeds of her mother. The money is to be placed into a special-needs trust.
$28,549.50 to Matthew Sleight, which will be placed into a trust fund until he turns 18.
$144,345 to Christopher Sleight for the wrongful deaths of his wife and son, Tanya and Elijah Sleight.
$172.65 to the Montgomery County Department of Social Services.
$3,681 to the commissioner of the Saratoga County Department of Social Services (for injury related expenses from the accident, that were covered by Medicaid).
Additionally, $140,000 in Attorney’s fees are due to be paid to DuCharme, Clark & Sovern.
For the complete article, visit the Leader-Herald.
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