$3.65 Million
Fiery Car Crash – Wrongful Death – Loss of Parental Consortium – $3.65 Million Settlement
Case Details
On Christmas Eve, 2018 Louisville Metro Police Officer Deidre Mengedoht died in a fiery three-vehicle collision during a traffic stop on the side of I-64 in downtown Louisville, Kentucky when her police car was struck from behind by a sewage tanker truck. She survived the initial impact and may have been conscious as smoke and flames consumed the vehicle. Roger Burdette, an employee of Louisville and Jefferson County Metropolitan Sewer District, was the truck’s driver. He tested positive post-collision for two non-prescribed controlled substances and is currently under indictment for murder and other related criminal charges. It was suspected Mr. Burdette was distracted by his cell phone at the time of the collision. Ofcr. Mengedoht left behind a minor child on whose behalf a loss of parental consortium claim was asserted. The decedent’s estate pursued a separate set of claims for survivorship and wrongful death. A third set of claims for personal injuries were asserted by the four occupants of the third vehicle involved in the initial traffic stop.
Direct claims were asserted by all plaintiffs against the driver for negligent operation of the vehicle and violation of traffic statutes, and against L&JCMSD for negligent training and supervision as well as vicarious liability as the employer. Punitive damages were also claimed, however, the employer asserted governmental immunity under the Claims Against Local Governments Act. Due to pending criminal charges, Burdette successfully sought a stay of discovery under the privileges afforded by the 5th Amendment of the U.S. Constitution and the Kentucky Constitution. Discovery proceeded against L&JCMSD. Multiple motions were filed by the plaintiffs seeking to obtain the criminal prosecutor’s file which was available to Burdette, but not available to the general public or press under rules of criminal procedure. Due to the high-profile nature of the case, significant media interest resulted.
The matter was mediated for fourteen hours on a Saturday with the loss of parental consortium claim yielding a $3.65 million settlement, on par with some of the largest jury verdicts ever obtained for such a claim in Kentucky.
