The widow of a man who died after another driver hit him head-on while illegally passing another vehicle has settled a lawsuit against the at-fault driver for $1.4 million and collected an additional $200,000 from underinsured motorist policies, her attorneys report.
David Yarborough and David Lail of Yarborough Applegate in Charleston and Shelly Leeke of North Charleston said that the victim, William “Art” Mullinax, was driving home after finishing his shift at a steel plant in 2019 when another driver, Quan Gibbs, crossed a double line while attempting to pass a vehicle that was in his lane. Gibbs’ vehicle, which was traveling at 76 mph in a 45 mph zone, hit Mullinax’s head-on, and Mullinax died at the scene.
Leeke
Mullinax’s wife, Paula, offered to settle claims with Gibbs’ insurer, State Farm, for the full value of Gibbs’ insurance policy limits, but State Farm failed to accept the offer within a timely manner. Mullinax then withdrew her demand and filed an offer of judgment for $1.5 million.
Under South Carolina’s Tyger River doctrine, the failure to settle the case for an amount within Gibbs’ policy limits within the time allotted could have exposed the insurer to a bad faith claim if Gibbs wound up on the hook for an excess verdict.
Yarborough
Initially, State Farm argued that it hadn’t acted in bad faith because Mullinax hadn’t been appointed the representative of the estate, and the estate hadn’t even been opened, at the time the demand was made. Ultimately, State Farm settled for $1.4 million, and Mullinax was able to collect an additional $200,000 from UIM policies. Oliver Wood, a Columbia economist, placed the value of Art Mullinax’s future loss of earning capacity and family services at $1,437,384, Yarborough said.
Yarborough said that more than a year after the wreck, Mullinax and the couple’s son, who came upon the crash scene, are “struggling.”
Lail
“They were just a super nice, salt of the earth folks who were high school sweethearts,” Yarborough said. “They had saved money to go on a cruise and had not been back for two weeks when this happened. She lost her best friend and the breadwinner of the family. This money means the world to her in giving her some stability.”
Mike Ferri of Grimball and Cabaniss in Charleston represented State Farm. He could not be reached for comment.
Follow Bill Cresenzo on Twitter @bcresenzosclw
SETTLEMENT REPORT — MOTOR VEHICLE CRASH
Amount: $1.6 million ($1.4 million from at-fault driver, and $200,000 in underinsured motorist insurance)
Injuries alleged: Death
Case name: Estate of Mullinax v. Gibbs
Court: Berkeley County Circuit Court
Case No.: 2019-CP-08-03129
Judge: Bentley Price
Date of settlement: Oct. 2
Most helpful experts: Oliver Wood of Columbia (economist)
Insurance carrier: State Farm
Attorneys for plaintiff: David Yarborough and David Lail of Yarborough Applegate in Charleston and Shelly Leeke of North Charleston
Attorney for defendant: Mike Ferri of Grimball and Cabaniss in Charleston
The post Widow of driver killed in crash settles case for $1.6M 
first appeared on South Carolina Lawyers Weekly.