Wrongful death claim settled for $240,000…
A Iowa wrongful death lawsuit was settled in March for $240,000 in the death of Anthony Moore, 16, of South Amana.
Moore was sitting in the trunk of a car driven by Nicole Eckman, 16, of Amana on May 13, 2005, when Eckman drove out of the driveway at the Brick Haus Restaurant in Amana, according to a police report. Moore fell off the back of the car, suffering fatal head injuries.
Carole Moore, Anthony's mother, was the first one on the scene, said James Craig, Moore's attorney from Cedar Rapids.
There was a conflicting statement early in the investigation, according to a police report. One of witnesses said Anthony Moore had done a back flip off the back of the car, but he later recanted that statement.
The Moore family also has another civil claim pending for underinsured motorist benefits against Pekin Insurance Co., Craig said. The case is on appeal to the Iowa Supreme Court on issues concerning the bystander claim. Under Iowa law, if a family member witnesses an accident it can be considered a personal injury claim because they suffered emotional shock or trauma.
Craig said Carole Moore did not see the accident but was the first one on the scene to find her son lying in the roadway. The argument is: Did she have to see the actual accident or is it enough that she was the first on the scene to make a bystander claim?
No criminal charges were filed in this case.