Mills Reservation MTB death lawsuit

Patrick

Overthinking the draft from the basement already
Staff member

stilluf

Well-Known Member
Former insurance defense attorney here. This settlement only came almost 5 years after the accident, and 3 years of litigation. Yes COVID caused a backlog, but from my experience this is not a large settlement for an accidental death case (and BTW given the relatively low number, it may even be below the deductible, but maybe not if you add attorney's costs) . It's probably pretty easy to find a settlement for another accidental death involving the county (e.g. bus hitting a pedestrian) that is much higher (like above $1mm).

The fact that the trail in question is still open, with no apparent mitigation done to lower risk, tells me that the county doesn't see any increased risk here. If they did, they (or more likely their insurers) would have taken action. So I'm doubtful that there will be a crackdown, or any other increased anti-MTB efforts.

The sad irony is that if MTB was legal, and JORBA was involved in trails building/maintenance, it seems to me that there would be a better assessment of this trail, and whether it is in fact too risky, or mitigation measures can be added. I feel badly for the family of the rider (especially his brother).
 

SmooveP

Well-Known Member
Meaning the judiciary would pressure?
Or the plaintiff would consider less to not have it drag on?
I'd say the latter is a distinct possibility. Don't know about the first question. A question for @stilluf. Do the courts review the backlogged cases and reach out to one or both sides to encourage them to settle?
 

stilluf

Well-Known Member
I'd say the latter is a distinct possibility. Don't know about the first question. A question for @stilluf. Do the courts review the backlogged cases and reach out to one or both sides to encourage them to settle?
Yes sometimes judges will call in the parties for a settlement conference and lean heavily on both sides. (your case sucks because X, your case sucks because Y). usually , you don't want to piss off the judge (who will hear your trial or decide your summary judgment motion) by being unreasonable, but sometimes you have to stick to your assessment of the case. This can occur virtually.

Also, in each one of these personal injury cases there is a formal requirement for what's called an arbitration. After discovery closes, both sides very briefly present their version of the facts to a neutral arbitrator (takes place at the court house). However, it's non-binding, in that either party can opt out of the arbitrator's damages award. This is the usual vehicle for settlement discussions, and many cases do get settled on that day. This formal process may have been impacted by Covid, but there's no reason it can't occur virtually.

Informally, settlement discussions can occur at any time. Both sides have motivations to settle sooner rather than later (delayed payment/increased attorney fees). In my experience, from the defense side, we usually didn't even think about settlement until after the plaintiff's deposition. By this point you'll have all of plaintiff's medical records, and you can establish the extent of their alleged injury, as well as assess them as a witness. And you should have a handle on your client's liability.
 

graveyardman67

Well-Known Member
Team MTBNJ Halter's
It is a pretty small amount for accidental death. Hell, our neighbor's kid fell off a zip line in our yard and broke his arm, and sued us (total scumbag move). After a few years, the insurance finally settled for well over what this case was settled for. And I had to carry insurance through Lloyds of London for 5 years (not cheap).
 

SmooveP

Well-Known Member
It is a pretty small amount for accidental death. Hell, our neighbor's kid fell off a zip line in our yard and broke his arm, and sued us (total scumbag move). After a few years, the insurance finally settled for well over what this case was settled for. And I had to carry insurance through Lloyds of London for 5 years (not cheap).
Sounds like it could make for some awkward moments when you see each other around the 'hood.
 

Santapez

Well-Known Member
Team MTBNJ Halter's
It is a pretty small amount for accidental death. Hell, our neighbor's kid fell off a zip line in our yard and broke his arm, and sued us (total scumbag move). After a few years, the insurance finally settled for well over what this case was settled for. And I had to carry insurance through Lloyds of London for 5 years (not cheap).
When I was a kid that sort of thing happens, you get a cast, everyone draws on it and signs their name and a few weeks later you move on. Jeez.
 

SSmtbr

Well-Known Member
The fact that the trail in question is still open, with no apparent mitigation done to lower risk, tells me that the county doesn't see any increased risk here. If they did, they (or more likely their insurers) would have taken action. So I'm doubtful that there will be a crackdown, or any other increased anti-MTB efforts.

The sad irony is that if MTB was legal, and JORBA was involved in trails building/maintenance, it seems to me that there would be a better assessment of this trail, and whether it is in fact too risky, or mitigation measures can be added. I feel badly for the family of the rider (especially his brother).
Since this incident, MTB usage in the Milltop area has increased probably ten-fold with zero signs of any noticably different anti-MTB sentiments. Sadly, without JORBA (or really any trail use organization) presence, trail conditions have been in rapid decline so right now the perception at a trail user level is do whatever you want to do.
 
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