Date: 12-18-2010

Case Style: Gary Weinstein v. Thomas Wellinger and USG Corporation

Case Number: 2:07-cv-15000-PDB-RSW

Judge: Paul D Borman

Court: United States District Court for the Eastern District of Michigan (Wayne County)

Plaintiff's Attorney: Barry LaKritz and Dana LaKritz Marcus, Barry F. LaKritz Associates, Bloomfield Hills, Michigan and Frank Guerra, IV, Watts Law Firm, San Antonio, Texas

Defendant's Attorney: James Feeney, Brittany M. Schultz and Sarah A. Kirkwood, Dykema Gossett, Bloomfield Hills, Michigan and Herschel P. Fink and Brian D. Wassom, Honigman Miller Schwartz and Cohn, L.L.P., Detroit, Michigan

Description: Gary Weinstein sued Thomas Wellinger on tort theory for the wrongful death of his wife and sons for their wrongful deaths and USG Corporation on a respondeat superior theory. Judy Weinstein and her sons Sam, age 9, and Alex, age 12, were killed when their Honda Accord was hit by a GMC Yukon Denali in May 2005 in Farmington Hills. Plaintiff claimed that Wellinger was acting within the scope and course of his employment when the accident occurred. Willinger, an alcoholic, was drinking the day of the crash and had a blood-alcohol level more than four times the legal limit. He is serving a 19- to 30-year prison sentence.

USG Corporation denied that Wellinger was acting for it at the time of the accident.

Outcome: Defendant's verdict for UGS Corporation. It is not know what disposition was made of any claims against Mr. Wellinger.

Plaintiff's Experts:

Defendant's Experts:

Comments: