Wrongful Death Lawsuit Seeks $30 Million for Mother Killed While Checking on Baby
Attorneys for the estate of Ashley Ferguson Jones say the death of the mother of two could have been avoided had Nicolae Marcu been attentive when driving his tractor trailer on I-95 two years ago. Marcu's vehicle slammed into Jones as she got out of her car on the side of the road to attend to her ill daughter.
November 28, 2018 at 02:27 PM
3 minute read
A federal lawsuit seeking at least $30 million has been filed against the trucking company that employed a driver whose vehicle struck and killed a woman who was parked on the shoulder of the roadway on Interstate 95 in December 2016.
The amended wrongful death lawsuit, filed Tuesday in U.S. District Court for the District of Connecticut in New Haven, maintains that Illinois-based MGR Freight Services should be held responsible for the actions of its driver, Nicolae Marcu, who lives in New Hampshire. The original lawsuit filed last years cites Marcu as one of the defendants, while the lawsuit filed this week seeks compensation from the company. The original lawsuit is still pending.
Ashley Ferguson Jones, 31, was killed instantly after she got out of her car on the side of the road to check on her then-1-year-old daughter, who was feeling ill, according to Kelly Reardon, attorney for Jones' estate.
“The reason for the accident was, in all likelihood, inattentiveness.” said Reardon, a partner with the New London-based The Reardon Law Firm. “Mr. Marcu crossed into the shoulder and struck her. It's not exactly clear how the accident occurred because Mr. Marcu had pleaded the Fifth until sentencing. We still do not know his version of events.”
Marcu, who lost control of his tractor-trailer and went down an embankment after striking Jones, was charged with negligent homicide with a motor vehicle and failure to drive in a proper lane. He is out on bail and is awaiting sentencing, which is tentatively set for Jan. 16.
In addition to her daughter, Jones' husband, Marshall Jones, was also in the car at the time of the accident. The couple's son, now 7, was not in the vehicle at the time.
“This has been just devastating to the family. The family was very close,” Reardon told the Connecticut Law Tribune Wednesday. “Marshall Jones has moved in with his parents because it's been so horrific to deal with the situation on his own. The family is very involved with their church, and that has provided some solace to them.”
Reardon said she spoke to Marshall Jones, who works for the Connecticut Department of Children and Families, last week. “He feels there should be justice for what occurred with his wife and that her life was taken far too soon,” Reardon said.
While the couple's young daughter was only 1 at the time of accident, Reardon said it's possible she could also be traumatized.
“It's too early to tell if she has trauma,” Reardon said. “But, studies have shown that, even at a young age, children can have lifelong effects from trauma.”
In addition to seeking $30 million in compensatory damages, the amended lawsuit also seeks an undetermined amount of punitive damages, double and triple damages as allowed by law and attorneys' fees.
The trucking company is represented by three Hartford attorneys: Larry Connelli of Regnier, Taylor, Curran & Eddy; Christopher Wossler of Howd & Ludorf; and Kevin Kratzer of Boyle Shaughnessy Law. None of the attorneys responded to a request for comment Wednesday and neither did MGR Freight Services.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllPlaintiffs Seek to Avoid Jurisdiction Fight in IVF Case, Challenge CooperSurgical in Connecticut
4 minute readPike Fuels Agrees to Pay $2 Million Settlement to Resolve Alleged New Haven Environmental Violations
2 minute readHigh-Flying Genetics Testing Firm GeneDx Hires Ex-Zoetis GC as Legal Chief
2 minute readApple Asks Judge to 'Follow the Majority Practice' in Dismissing Patent Dispute Over Night Vision Technology
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250