Family Awarded 6.4 Million Dollars from State Claims Commission

KATV Channel 7 ^ | March 14, 2003 | Michelle Rupp

[TheBattman]

Cabot Family Awarded 6.4 Million Dollars from Claims Commission UPDATED - Friday March 14, 2003 5:35pm Reporter: Michelle Rupp

Little Rock - A Cabot family is asking the state Claims Commission for $8.4 million dollars after their three-year-old son is severely injured in an accident.

Last September Joseph Richmond and his two children were on their way home from McCain Mall. Highway Department crews were cutting grass in a field in Jacksonville along 67/167. Crews reportedly cut a piece of the water-line lid and sent it flying through the air, crashing into the front windshield of the Richmond?s mini-van.

Three-year-old Mason Richmond suffered brain damage, lost his left eye and had severe structure damage to his face. Mason has already had 11 surgeries to his face. Doctors expect he'll need an additional 11 to 15 by the time he is 18 years old. Mason spent 48 days at Arkansas Children's Hospital.

The Highway Department admits liability in this case, and attorneys are hopeful the Claims Commission will agree. "We do our best to take every precaution we can to do that in a safe manner. Unfortunately things do happen and this is problem one of the most unfortunate situations we've had come up."

"The Claims Commission is said to be the conscience of the state of Arkansas and we've asked the commission to do everything they can to help the Richmond family. Whatever they award will not make this family whole."

Attorneys say they hope to have an opinion from the Claims Commission Friday.

[TheBattman]

OK, I must not be Mr. Sympahy today as this case does not appear to be one of gross negligence. The fact that the highway department has chosen to accept liability in this case seems rather nice, but shocking. It's not typical for the Highway dept. to accept liability for much of anything around here.

I cannot put a price tag on the value of a child and wouldn't want to be forced to. This was obviously a tragic accident that resulted in the death of a child. On the other hand, had the object been picked up from the road surface instead of from ground adjacent to the roadway, Arkansas law would have considered it a road hazard, and thus no-one's liability. The fact that the material came from a mower near the road changes the State's liability by $6.4 million?

I have no problem with the State paying for medical care and property damage in this case.

[Crusader21stCentury]

I don't think this is a case to use to fight excessive awards. From the described nature of the injuries, the amount will barely cover the medical costs.

[DeaconBenjamin]

I don't think there are any medical costs at Arkansas' Children's hospital. One reason there is a local fundraiser for the hospital every year.

[TheBattman]

I also mis-spoke - the child did not die - simply severly injured.