ODOT to pay $1.8M to family of Pauline Miller in pothole crash - Cincinnati News, FOX19-WXIX TV

COPY-ODOT to pay $1.8M to family of woman killed in crash caused by pothole

The Ohio Department of Transportation will pay more than $1.8 million to the family of an Ohio woman who died in a head-on crash caused by a large pothole.

Pauline Miller died in March 2008 when a truck driver swerved into her lane after he hit a pothole in Columbiana County, located just south of Youngstown.

A release sent by the Supreme Court of Ohio states Miller's husband, Dennis, and their two adult children filed a wrongful death lawsuit with the Ohio Court of Claims in 2009. 

The case went to trial, and the issues of liability and damages were separated into two parts.

On the issue of liability, the court in April 2012 "determined that but for the existence of potholes in the roadway, the motor vehicle collision would not have occurred."

The case then proceeded to trial on the issue of damages this year.

Judge Patrick M. McGrath ruled this spring the court would award $1.3 million in wages lost, $243,000 for household services Pauline Miller would have performed, and $1 million to Dennis Miller and $400,000 for each of their two children for "loss of society and mental anguish."

The court reduced the original $3.3 million award by the amount of collateral benefits, including attorney fees and case expenses, already received by the family in a separate wrongful death settlement with Morgan Trucking Company.

Copyright 2013 WXIX. All rights reserved.

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