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.)


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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