Family settles claim for $1.075M after fatal car crash

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The family of a young mother who was killed when her car was struck by the driver of an SUV who was pulling out of her driveway will receive $1.075 million after reaching a settlement with three insurers, the family’s attorneys report.

Kenneth Berger of Columbia, Andrew Johnson of Littlejohn Law in Columbia, and Jim Johnson of Greenwood report that Dorreen Johnson was driving on U.S. 178 in Greenwood County in June 2020 with her sister, Sherlyral Johnson, as a passenger. According to an accident report, the at-fault driver, Andrea Bayne, failed to yield the right of way and tried to make a right turn onto the highway. She hit the Johnsons’ car on the passenger side, causing it to run off the roadway and slam into a tree.

Berger said that Dorreen Johnson was conscious for several minutes before EMTs reached the car and was pronounced dead at the scene. Sherlyral Johnson suffered broken ribs and witnessed her sister suffering in the car before first responders could arrive. Doreen Johnson, 33, worked as a certified nursing assistant and was the mother of two young sons. 

“Words cannot adequately capture the terror and suffering Dorreen experienced in her final moments,” Berger said.

Berger said that obtaining the fullest possible recovery for the family required stacking together coverage from three different insurance policies: Bayne’s liability policy, Dorreen Johnson’s underinsured motorist (UIM) policy, and Sherlyral Johnson’s UIM policy. The risk of a large punitive damages verdict forced all three insurance carriers to pay not only the bodily injury limits, but also the property damage limits, Berger said.

Bayne’s liability insurance provider paid $75,000. Dorreen Johnson had UIM policies with Amica covering two vehicles, each with $250,000 policy limits for bodily injury and $100,000 limits for property damage. Her family was able to stack the full policy limits of both policies, and Sherlyral Johnson was able to recover $250,000 for her bodily injuries. Sherlyral Johnson also had a UIM policy with The Hartford, from which she was able to recover $50,000.

Berger said that there “wasn’t much of an argument on liability and none on damages. The only argument they had was that the defendant’s actions did not rise to the level of recklessness. At the end of the day, the damages and the facts of the case were simply too great not to pay the entirety of policy limits.”

Mia Maness in Charleston represented Amica. She could not be reached for comment.

Follow Bill Cresenzo on Twitter @bcresenzosclw

SETTLEMENT REPORT — MOTOR VEHICLE CRASH

Amount: $1,075,000

Injuries alleged: Death; broken ribs and pain and suffering

Case name: Jeremy Antwon Williams, as Personal Representative of the Estate of Dorreen Elizabeth Johnson v. Andrea Bayne

Court: Greenwood County Circuit Court

Case No.: 2020-CP-24-00794

Date of settlement: Jan. 14

Attorneys for plaintiff: Kenneth Berger of Columbia, Andrew Johnson of Littlejohn Law in Columbia, and Jim Johnson of Greenwood

Attorney for defendant: Mia Maness of Charleston