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