Distraught Mother Sues for Sonís Wrongful Death




Distraught Mother Sues for Sonís Wrongful Death

A devastated Montana mother is suing truck driver James Clay Brennan and two Belgrade companies for the wrongful death of her son who was killed in a head-on collision in October of 2005.  The suit seeks $2 million in wrongful death and other damages alleging that the driver, “negligently, recklessly, consciously, knowingly and in tortuous violation of Montana law operated his vehicle at an excessive speed and without keeping a proper lookout of the road ahead.”

Brennan and the two trucking companies however deny the allegations.  The defense claims that Brennan was attempting to stop to avoid a passenger car that had stopped in front of him when he swerved into oncoming traffic tragically killing Andrew Fischer. 

Fred Overby, Melissa Fischer’s attorney in the case of her son’s wrongful death commented, “The evidence is pretty clear that Brennan was going much too fast.  She does not want to have another person suffer the way she has suffered.”

The plaintiff is seeking wrongful death damages in the amount of $1 million in addition to $500,000 for pain and suffering, and $500,000 for the physical and mental anguish her son experienced before he died. 

The plaintiff’s attorney claims that Fischer also hopes to deter future reckless driving on the Highway 191 where the accident occurred, with the publicity of her suit.

Fischer has requested a trial by jury in the case of the wrongful death of her 28-year-old son.  Overby adds, “There is no way to adequately compensate the loss of a loved one.”

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