The family of a woman who died in a fatal trolley accident in 2012 is seeking compensation through a wrongful death suit. The woman, age 66, died in nearby Gatlinburg, Tennessee, when a trolley in which she was riding pulled over to miss an oncoming car, throwing her from the vehicle. The ground reportedly collapsed beneath the trolley when the driver pulled to the side of the road. Reports show that the woman was visiting North Carolina for a wedding, but she traveled to Gatlinburg for a day of shopping.
In the suit, family members allege that the trolley driver was not following state laws when he pulled to the side of the road. The trolley operator and the city are both named as defendants in the suit, which claims that the driver made several missteps. Not only was the man driving too fast for the vehicle and road conditions, but he also failed to properly brake to avoid plummeting off the side of the road.
Interestingly, the woman appeared to have made an impressive recovery, having moved out of intensive care just days before her death. The victim in this case suffered broken ribs, a collapsed lung and excessive trauma to the chest, according to the lawsuit. Even though the woman appeared to be doing well, she died unexpectedly from heart disease. Relatives claim that the disease conditions were exacerbated by the injuries the woman suffered during the crash. The official cause of death for the woman was listed as "accident."
In this case, it appears as though the woman's pre-existing medical condition was worsened by the traumatic injuries she suffered in the accident. It is possible that the city and driver will attempt to discredit the family by arguing that the woman's death was caused by simple heart disease, a common tactic used in civil litigation. A qualified personal injury attorney can help refute these claims, allowing victims to recover the money they need and deserve.
Source:
www.themountainpress.com, "Suit filed in Gatlinburg trolley death" J. Farrell, Aug. 27, 2013