Date of Death: April 28, 2004
Injuries: Death to Paris Zammarchi
Settlement: $1,050,000.00 ($1,000,000 liability limits paid by Continental Western Insurance Company and $50,000 UIM paid by GEICO)
The major post-settlement issue was how to divide the settlement proceeds between William Zammarchi (the surviving husband) and Phoenix Glassman (Paris Zammarchi’s adult daughter). The husband was on dialysis and needed a kidney transplant, and the daughter had had daily care needs. This dispute was resolved within the probate action and required two motions and considerable negotiations. Ms. Glassman was represented by separate counsel and a special needs trust was created for her share of the settlement. Eventually, 75% of the tort recovery was allocated to Mr. Zammarchi and 25% to Ms. Glassman.
Report Submitted By: Ron Perey
Facts:
This case arose out of the wrongful death of Paris Zammarchi on April 28, 2004, when a 350 pound wheel and tire dislodged from defendants tractor-trailer, crossed into oncoming traffic and crashed through the window of Mrs. Zammarchi's Toyota. Mrs. Zammarchi was a homemaker, school bus driver, and community college student. Mrs. Zammarchi was driving her 1990 Toyota Camry southbound on State Route 3 in Kitsap County, approximately .4 miles south of Chico Way. At that same time, defendant Robert Erickson was driving a tractor-trailer owned and operated by defendant Atlas Trucking, Inc., northbound on State Route 3. Without any warning to Mrs. Zammarchi, a wheel and tire from the left side of the trailer Mr. Erickson was pulling came off and entered the southbound lane of traffic. The wheel and tire struck Mrs. Zammarchi’s vehicle, crushed her windshield, and caused her to veer off into a ditch. Mrs. Zammarchi was on her cell phone speaking to her daughter, Phoenix Glassman, when the accident occurred. Mrs. Zammarchi’s vehicle went into a roadside ditch and rolled before striking a tree. The wheel and tire collided directly with Mrs. Zammarchi’s head causing massive injuries and death within minutes of impact at the age of 48 years.
William Zammarchi, husband of Paris Zammarchi, brought a claim against the truck driver, Robert Erickson, and his employer, Atlas Trucking Company, for negligent maintenance and inspection of the truck on behalf of himself, his stepdaughter, and the estate. He also brought a claim against his wife’s UIM carrier (GEICO).
Zammarchi was survived by her disabled husband, age 53, and her disabled 25-year-old daughter, for whom decedent was the primary caregiver. The claim for damages was for lost future income, pain and suffering, and loss of spouse and parental consortium.
he Estate contended that that one of the 10 lugbolts on the wheel failed because they were improperly installed or improperly maintained. The Estate’s expert metallurgist opined that bolt #1 failed first and placed added stress in a “cyclical” pattern on the other bolts. As the wheel turned around, this caused the lugbolts to oscillate (wobble) back and forth. Eventually, this caused each of the bolts to fail and shear.
Defendants alleged that the failure of a lugbolt was the result of a manufacturing defect. On March 22, 2005, testing was done with the Estate’s expert, defendants' expert, and experts from four different bolt manufacturers. The Estate’s theory was verified by the testing of bolts #1 and #6 with a scanning electron microscope because it showed that bolt #1 had more iron oxide (rust) and debris (including brake pad dust) on its surface than bolt #6. That meant that bolt #1 failed sometime before bolt #6. Bolt #1 had partially or completely sheared prior to the failure of bolt #6. The Estate’s theory was scientifically proven and a $1,000,000 policy limits settlement was negotiated shortly after the metallurgic tests were complete.
There was significant “excess verdict” potential because a verdict of over the $1,000,000 policy limit could have bankrupted Atlas.
County: Kitsap County, Washington
Trial Judge: N/A (Pre-suit settlement)
Plaintiffs: William Zammarchi, Individually, and as Personal Representative of the
Estate of Paris Zammarchi vs. Atlas Trucking Company and Robert
Erickson (Not Filed)
Defendants: Atlas Trucking Company and Robert Erickson
Trial Date: N/A
Date of Settlement: November 4, 2005
Plaintiffs’ Attorneys: Ron Perey and Doug Weinmaster
Perey~Harris, Seattle, Washington
Defendants’ Attorneys: Joanne Blackburn and David Cotnair, Forsburg & Umlauf, Seattle, Washington.
Plaintiffs’ Experts: Kevin Lewis, P.E., Seattle, WA, (metallurgical engineer).
Insurers: Continental Western Insurance Company (Atlas and Erickson); and GEICO (UIM)
Defendants’ Experts: Keith Cline, P.E., Seattle, WA (metallurgical engineer).
Mediators: Scott Holte – October 21, 2005
Date of Death: April 28, 2004
Admitted Liability: No. Liability contested.
Summary Judgment: N/A
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