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Date: 08-30-2007

Case Style: Marlin Collins, individually and on behalf of the Estate of Donna Collins v. Taylor-Vinson Trust and Getty Engineering Company

Case Number: Unknown

Judge: O.C. Spaulding

Court: Circuit Court, Kanawha County, West Virginia

Plaintiff's Attorney:

Timothy Koontz, Williamson, West Virginia

Defendant's Attorney:

Tim Mayo of Flaherty, Sensabaugh & Bonasso, Charleston, West Virginia for Taylor-Vinson Trust and Lee Javins of Bucci, Bailey & Javins, Charleston, West Virginia Getty Engineering Company.

Description:

Marlin Collins, individually and on behalf of the Estate of Donna Collins sued Taylor-Vinson Trust and Getty Engineering Company on a negligence theory for the wrongful death of his wife Donna, age 34, who was killed on August 31, 2004 when a tree to toppled off a hillside on W.Va. 10 and onto her 1993 Ford Taurus. The highway is one of the most heavily traveled areas of Logan County. The 70-foot tree fell on Donna Collins' car as she was driving her grandson home from a doctor's appointment. Plaintiff claimed that the landowner and its management company should be considered negligent because all trees around the one that fell on Collins' car had already tumbled down previously.

Defendants denied wrongdoing.

Outcome: Settled for $1 million.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None



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