Lincare settles with family for $2 million

Thursday, January 31, 2002

NORFOLK, Vir. - The family of a 10-year-old boy struck and killed when a Lincare delivery van ran a stop sign two years ago tentatively settled with the company for $2 million last month.

David Stevenson's family accepted the settlement - on the condition that Lincare doesn't appeal - just prior to a jury recommending that the company pay the family $4 million. The Stevenson's attorney said the family chose to settle rather than prolong the legal battle.

Lincare, which claimed the boy had been negligent by riding into the van, agreed to the settlement rather than risk paying higher damages, according to the company's attorney.

David was riding his bicycle on March 7, 2000, when he collided with the front, right side of the 3-ton commercial van. The driver, Lewis Hastie Jr., who ran a stop sign at the corner, continued to make a right turn, running over the boy, who had slid under the wheels of the van, according to Robert Mills, the family's attorney.

Hastie testified in court that he heard a slap on the hood - the sound of the boy trying to free himself - but didn't see anyone and continued driving, Mills said.

The family had sought $5 million, claiming negligence in the wrongful death lawsuit. HME