Girl’s Crew Team Member Sues Over Fatal Car Crash
Holy Cross rowing team member Margaret O’Leary has filed a lawsuit against Holy Cross and coach Patrick Diggins after a fatal car crash left O’Leary with serious injuries. The incident took place in January of this year. The lawsuit was filed in Connecticut where O’Leary originally hails from, but the incident occurred here in Florida.
O’Leary alleges that while she was a freshman on the rowing team, she sustained multiple injuries in a vehicle crash involving the crew team van. Diggins was driving the van when the crash occurred and there were 11 team members in the van at the time of the accident.
Diggins, who was operating the vehicle, made a left-hand turn into oncoming traffic. One team member, Grace Rett, was killed in the crash. Several of the team members, including Diggins, suffered injuries.
The complaint against the school states that Diggins was operating the vehicle at an unreasonable speed and that he failed to yield the right of way to the pickup truck that the van collided with. Diggins was ticketed for failing to yield the right of way. He retired shortly after the accident occurred.
O’Leary suffered considerable injuries in the crash including traumatic brain injury, a bleed to her brain, concussion, fractured pelvic bone, and a fractured tailbone. The complaint states that O’Leary was forced to spend a large sum of money on medical expenses related to the injury.
At this point, Holy Cross is filing for a change of venue. This happens when there are jurisdictional issues related to the lawsuit. Since the case was filed in Connecticut, a judge will determine whether or not the plaintiff should be forced to refile the lawsuit in Florida. This will cost the plaintiff time and money, but likely not as much money as having to refile the case in Florida or find Florida attorneys to take up her case. It is commonly a stall tactic.
Will the Lawsuit be Successful?
Almost certainly. Diggins was operating the vehicle at the time of the crash and was ticketed for the offense. He likely paid the ticket and moved on with his life, but that is tantamount to an admission of guilt. While Diggins is named in the lawsuit, it’s the University that will suffer the blow of a defeat in court. The plaintiff does not have to do much to prove that Diggins was negligent since this has already been established. The only thing left to negotiate is the settlement for damages.
O’Leary is owed past and future medical expenses related to her injuries. She is also owed money for pain and suffering damages related to her injuries. Depending on whether or not her injuries are permanent, the settlement award could be very high.
Talk to a Miami Personal Injury Lawyer Today
If you’ve suffered an injury in a car accident caused by a reckless driver, you may be able to sue to recover damages related to your medical expenses. Call the Miami personal injury attorneys at the office of Alan Goldfarb, P.A. today to schedule a free consultation.