$350,000 Awarded to Family of Motorcycle Crash Victim
TIMES LEADER - WILKES-BARRE, PA
October 23, 1998
The family of a Kingston township woman killed in a Sweet Valley motorcycle crash more than two years ago was awarded $350,000 Thursday under insurance arbitration.
Robert Evanish of Park Avenue, Shavertown, filed suit on behalf of his wife, Carol, 52, who died April 21, 1996, from injuries sustained in a collision of a car and the motorcycle on which she was a passenger. Robert Evanish also was injured in the crash.
The couple was insured by State Farm Mutual Insurance Co. with under insured motorists benefits in the amount of $350,000 per person.
In June, Evanish was awarded $240,000 in a settlement of a separate wrongful death lawsuit.
The couple was riding a 1990 Harley Davidson Sportster north on Main Road in Ross Township. A car driven by Christopher M. Smith of Lawrence Street, Edwardsville, made a left turn in front of the motorcycle, according to the settlement approved Thursday by Luzerne County Court of Common Pleas Judge Patrick Toole.
Robert Evanish is in the process of pursuing a claim against Smith.
The most recent settlement earmarks $244,827 for the survivors of Carol Evanish and $105,172 to the law firm of HKQ Law for legal fees and expenses.
CITIZENS' VOICE - WILKES-BARRE, PA
October 22, 1998
Judge OKs $350,000 Settlement in Traffic Fatality Case
Luzerne County Judge Patrick Toole approved $350,000 settlement in a local estate's claim for under-insured motorist benefits arising from a fatal traffic accident.
According to court documents, State Farm Mutual Insurance Co., Montage Road, Moosic, has agreed to settle an under-insured motorist claim for benefits brought by Robert Evanish of Shavertown as administrator of the estate of Carol Jean Evanish.
Carol Evanish, was a passenger on a Harley Davidson motorcycle on April 21, 1996, when an accident occurred on Main Road in Ross Township. the motorcycle was traveling north on Main Road. Another car, driven by Christopher M. Smith, was traveling south on Main Road.
Court records state that Smith of Edwardsville collided with the motorcycle when he attempted to turn off Main Road. Carol Evanish later died of heart failure.
The settlement papers explain that Smit's insurance carrier previously settled with Evanish"s estate for $240,000. State Farm, which insured Carol Evanish, has agreed to a $350,000 settlement for underinsured motorist benefits.
Of the $350,000 settlement approved on Thursday, the law firm of Hourigan, Kluger, and Quinn will receive $105,000; Robert Evanish, as administrator, will receive $48,965; Carol Evanish"s beneficiaries will receive the remaining $195,861.
Attorney Michelle Quinn represented the estate.