Settlement worth $900K approved in lawsuit against WVDOT for man’s death

CHARLESTON - An order approving the distribution of proceeds from settlement claims against the West Virginia Department of Transportation-Division of Highways and dismissal order was filed in a lawsuit for a man's death.

The order was filed on April 22 in Kanawha Circuit Court.

Through settlement negotiations, the parties entered into a settlement agreement in which the defendant will pay the plaintiffs $900,000 in return for a complete and full release from any and all liability, according to the order.

A structured settlement annuity will be purchased from Pacific Life at a cost of $330,000, for the benefit of Brandon Fleece; $342,175.13 to Brandon Fleece less his share of the costs and attorneys fees; and the sum of $227,824.87 payable to Wanda Fleece less her share of fees and costs, according to the order.

On Sept. 20, 2010, Robert E. Fleece was working for the defendant and was standing on a narrow platform at the rear of a dump truck and was raking gravel that was being dumped out of the truck, according to a complaint filed Nov. 2, 2011, in Kanawha Circuit Court.

Wanda Fleece and Leslie Swink claimed Robert Fleece was ejected from the truck, over a chain at the back of the dump truck and onto the roadway when the driver backed up the truck and raised the dump truck bed.

Robert Fleece was pronounced dead on arrival at War Memorial Hospital in Berkeley Springs, according to the suit.

Wanda Fleece and Swink claimed the defendant is liable for Robert Fleece’s death because it created an unsafe working condition that presented a high risk and strong probability of serious injury or death.

The defendant caused Robert Fleece’s physical injury, anguish, pain and suffering prior to his death, according to the suit.

The plaintiffs were seeking damages for Robert Fleece’s wrongful death. They were represented by Allan N. Karlin, Jane E. Peak, Sarah W. Montoro of Allan N. Karlin & Associates and Eric S. Black.

The defendant was represented by David L. Wyant and Diane G. Senakievich of Bailey & Wyant.

The case was assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number: 11-C-1959