With this $40,000 settlement to avoid court costs in the death of an individual that dictated the actions he took is nothing more than extortion. This definitely points to the need for tort reform. Loser pays, and their attorney pays their percentage on a loss would cut back on this behavior.
Right now you can be 100 percent in the right, but have an individual contact a lawyer and file a suit. You and your insurance can either fight the case at a large cost and probably win, or settle to do away with the nuisance at a lesser cost. This is nothing but legal extortion practiced by unscrupulous individuals.
I seem to remember when Miller first opened there was a group of people in Alabama that kept filing suits over trucks and damage. Finally, Philip Morris quit settling and started to take it to court. This stopped the practice.
Isn’t it the state and federal governments’ job to stop this extortion under the guise of a legal law suit? Remember when folks sued Albany and walked away with a settlement? I wonder how many lawyers made money in this racket? If there were some risk on the part of those filing, and those representing them, there would be a lot less of this sort of thing.