Attorney for parents of two children killed in crash says question is whether defendant’s insurer will pay
THE PARENTS OF TWO children who¬†were killed when an oncoming car crossed¬†the median on Interstate 85 in Jackson¬†County and hit the car they were riding in¬†were awarded more than $10 million by a¬†federal jury last month.
Now, says one of winning attorneys, the¬†question is whether the defendant‚Äôs insurer,¬†State Farm, will make good on the judgment,¬†or face a ‚Äúbad faith‚ÄĚ action to force it to pay¬†since it failed to respond to a policy-limit¬†demand within the required time period.
‚ÄúWe‚Äôre in negotiations with State Farm¬†right now,‚ÄĚ said Michael L. Goldberg of Fried¬†Rogers Goldberg, who tried the plaintiffs‚Äô¬†case with partner and lead counsel Joseph¬†A. Fried on behalf of Joseph and Carolyn¬†Gargiulo and another minor child injured in¬†the crash.
Goldberg said he believes there is a ‚Äúpretty¬†high likelihood‚ÄĚ the insurer will settle.¬†An attorney who has followed the case for¬†State Farm did not respond to requests for¬†comment, but Goldberg said that in pre-trial¬†discussions the insurer felt the case should¬†have a $3 million to $4 million value.
The case was particularly tragic, said¬†Goldberg, because two children in the¬†car driven by the defendant, Connecticut¬†resident Bellande Domercant, also were¬†killed in the wreck, and Domercant remains¬†devastated by its outcome.