$81 Million Jury Verdict Secured in Tragic Utah Pedestrian Death Case

In December 2018, an unimaginable tragedy took place in Pleasant Grove, Utah. An 11-year-old boy was struck by a truck and killed while walking home with his friends. Sean Claggett, along with trial attorneys Shannon Wise, Geordan Logan, and Charlie Finlayson, was part of the trial team that worked to hold the truck driver and the company accountable for this horrible crash, which should never have happened. While no outcome can undo the loss the boy’s family endured, cases like this play a vital role in preventing future tragedies by showing companies and drivers that careless, reckless conduct behind the wheel will have consequences. Importantly, this result is particularly significant given the case’s history. The matter previously went to trial and resulted in a defense verdict. The referring attorney successfully moved for and obtained a new trial, at which point Claggett & Sykes was brought in to try the case.

A truly preventable tragedy

On the day of the crash, 11-year-old Michael Madsen and two of his friends were walking home, just days before Christmas. Michael entered a crosswalk with a ‘Walk’ signal. A commercial truck driver turned right and ran Michael over, killing him. The boy’s two friends witnessed the horrific event.

This was not some happenstance “accident.” The evidence indicated that for several reasons, this was a tragedy that never should have occurred. Beyond Michael’s family and friends, the community needed to know that there would be accountability for the inexcusable loss of the boy.

Using the law to hold the driver and company accountable

Michael’s family and the two minor witnesses all filed suit. The claims focused on negligence and corporate responsibility. The driver operating the massive vehicle was negligent, but the case also focused on the employer’s alleged hiring and retention failures. Records indicated that the driver had prior documented issues related to unsafe driving, including speeding, recklessness, and other issues. Although the employer knew about the driver’s dangerous record, they allowed him to continue operating large commercial trucks. This further cemented that this wasn’t a simple accident; it was a systemic failure.

In addition to the wrongful death case filed by the boy’s family, the two witnesses filed claims based on the negligent infliction of emotional distress. Negligent infliction of emotional distress claims can be challenging for plaintiffs, but in this case, the jury found that the witnesses were in close proximity and directly witnessed the crash, which allowed them to pursue emotional distress claims under Utah law.

Gathering the evidence that changed the case

One of the main pieces of evidence that influenced the outcome of this case was the surveillance footage, which confirmed how the collision occurred. The video shows the truck approaching from behind as the victim was in a marked crosswalk, with the signal indicating he had the right-of-way to cross.

Even before trial, the court found the driver negligent as a matter of law. This important factor allowed the rest of the case to proceed more quickly and enabled the attorneys to focus on issues such as corporate responsibility and the extent of the damages.

What the $81 million verdict represents

The jury returned a total verdict of $81 million. The bulk of the compensation is allocated to Michael’s parents, Mandy and Russ, while $7.5 million was awarded to each of the two friends who witnessed the crash. The attorneys involved believe the outcome is a record-setting verdict in Utah.

“You see the verdict, but the reality of this is Mandy and Russ lost their son, and they have to live with that,” Sean Claggett told the press following the verdict. “That’s every day, and the jury valued that in a manner that was righteous.”

The verdict reflects the loss of life and the incredible emotional trauma it inflicted on Michael’s family and his young friends. It was important that the jury return a verdict reflecting that the harm from this crash extends far beyond the immediate victim.

Following the trial, the parties reached a settlement.

Why this case matters beyond one verdict

The hope is that this case will have broader implications. By holding not only the driver but also his employer accountable, the outcome should encourage more vigilant safety measures from corporations. Those hiring and retaining employees responsible for operating large trucks need to be vigilant about screening those drivers and scrutinizing their records. Their failure to do so leaves everyone at risk. Large verdicts like this one can potentially change and improve industry behavior.

Trial lawyers’ role in high-stakes wrongful death cases

Claggett & Sykes Trial Lawyers is a nationally recognized trial firm that often handles complex, high-value cases. We’re often brought in on major litigation when the stakes are particularly high. That was the case here, where our team was brought in for the retrial after a prior defense verdict. We’ve earned our reputation for trial readiness. From our first day on a case, we’re preparing to stand in front of a jury. That preparation drives positive outcomes for our clients, but we also know that these verdicts are sometimes necessary to achieve justice and keep our communities safe.

A verdict representing loss and accountability

No verdict can ever replace a life. However, accountability matters – both when it comes to acknowledging tragic losses and promoting safer streets for all.

Claggett & Sykes Trial Lawyers handles catastrophic injury and wrongful death cases nationwide and is always willing to take our clients’ cases to trial when necessary. If your family has been affected by a serious injury or wrongful death caused by negligence, you need someone who is willing to fight for you and your family. We’re here to handle complex, high-stakes cases and to give you the opportunity to focus on your loved ones, not litigation. Contact us today for a free consultation with an experienced personal injury lawyer.