
Ochsenbein v. Fox (car accident)John Ochsenbein, individually and as Administrator of the estate of Manda Curry, Deceased, v. Jason T. Fox and Stephen T. Fox, Sumner Circuit No. 21402-C In the early morning hours after graduation from Henderson-ville High School on 19 May 2000, 18-year-old Manda Curry and her boyfriend, Defendant Jason Fox, were traveling down a roadway in his car when he went to sleep at the wheel. The car hit a cul-vert and flipped over. Miss Curry was ejected and suffered head injuries. She was LifeFlighted to Vanderbilt Trauma Center, where she received medical treatment but never regained con-sciousness. After four days she was pronounced brain dead, taken off life support, and expired. Decedent was an excellent student and had been accepted to New York University, where she had planned to pursue a career in journalism. At the time of her death, she had been living with her father, Plaintiff John Ochsenbein, for about one year; however, she had lived most of her life with her mother. The father and mother had never married. An economist was used to project Miss Curry's lifetime earn-ings. The case was settled for $10,000.00 less than the liabil-ity policy limits of $1.3 million. Plaintiff's expert: Gilbert Mathis, Ph.D., economist. Plaintiff's Counsel: F. Dulin Kelly, Kelly & Kelly, Attorneys, Hendersonville. Defendant's Counsel: R. Dale Bay, Lewis, King, Krieg & Waldrop, PC, Nashville.
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