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Successful $2.3 million settlement for ATM user struck by vehicle. Premises liability action now pending.

Our recent case where an ATM user was struck by a driver who inadvertently accelerated is featured in the July issue of Trial Magazine, published by the American Association for Justice. (SeeĀ  our case result: “$2.33 Million to Victim Run Over at ATM” Case Result.)

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Professional attention by the legal community to the case underscores the seriousness of the accident and the hazardous conditions which led to our client’s permanent, life-altering injuries. Those conditions are now the basis for a premises liability action in federal court.

Partner Gary Mims achieved a settlement of $2.33 million (under the terms of the settlement, the identity of the parties is confidential), comprised of $2 million from the plaintiff’s husband’s umbrella policy with this employer; $250,000 from the driver; and, $50,000 from the plaintiff’s uninsured motorist policy. The umbrella policy insurer agreed to a waiver of subrogation, enabling us to pursue a federal claim on behalf of our client against the property owner where the ATM was located.

Under premises liability law, a property owner must maintain its premises in a safe condition and if it fails to do so it may be liable for injuries to those on their property. In this ATM case, the property owner failed to provide a barrier between the ATM and parking lot, thus exposing ATM customers to injury from drivers exiting the parking spaces. This case is now pending.

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