Fatal car wreck claimant wants judge to sign off on $100k settlement

Steve Gonzalez Mar. 31, 2008, 5:17am

Vicki Worthen is asking Madison County Circuit Judge Andy Matoesian to sign off on a $100,000 settlement in a wrongful death case she filed last month over her husband's death.

Worthen sued Paul Roan of Edwardsville claiming he was negligent when operating his vehicle on Aug. 24, 2007, when it left the roadway and overturned.

Her husband, who was Roan's passenger, died from injuries he sustained in the crash. Worthen claims he left behind a wife and six-year-old daughter.

Represented by Donald Schlapprizzi and Linda Powers of St. Louis, Worthen claims that following a lengthy investigation and "arms length" negotiations a pre-suit settlement agreement has been reached with Roan and his attorney, James Harfst.

If Matoesian agrees to the settlement it will be disbursed as follows:

  • Attorney's fees, $25,000;

  • Court costs, $218;

  • Vicki Worthen, $65,782;

  • Samantha Worthen, $9,000

    According to Worthen, her daughter's guardian ad litem, John English, who Matoesian appointed on behalf of Samantha Worthen, has reviewed the terms of the proposed settlement.

    She also claims the portions of the money payable to Samantha will be paid to a restricted custodial account in accordance with the Illinois Uniform Transfers to Minors Act with herself being designated as custodian.

    Worthen also states that any withdrawls from Samantha's account will not be made without court approval.

    She had claimed that Roan was negligent by failing to keep his vehicle under proper control, failed to keep his vehicle on the roadway and failed to drive at a speed that was proper under the circumstances.

    Worthen claimed her husband's death caused her to sustain a pecuniary loss in addition to funeral and burial expenses.

    She further claimed her husband's injuries caused him to be in great pain prior to his death.

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