Mother Runs Over Daughter Inflicting Serious Injury
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Minutes after she turned 49, Maidie Maillelle climbed into her pickup truck. She was too drunk to drive. Her daughter, Tammy Maillelle, tried to stop her, but Maidie ran her down. The incident happened in Grayling, Alaska this morning. Maidie is now under arrest and facing serious criminal charges. Her daughter was medivaced to Bethel for surgery with life threatening injuries. These facts raise interesting issues under Alaska law.
If Maidie is convicted of DUI, or assault, she will be conclusively presumed to be "negligent" in any civil case brought by Tammy against her. She will be conclusively presumed to be liable for 100% of Tammy's attorney fees incurred in the civil case. The civil jury will get to decide how much in punitive damages can be awarded against her.
If Madie or the truck was insured, Tammy should receive the liability limits. If the insurance company doesn't pay, and the case goes before a jury, the jury will be told of that the insurance company is the real party in interest. If Tammy is a resident and related to the named insured, and "exhausts" the liability limits, she will also have a claim for the Underinsured motorist coverage limits.
Because of likely difficulty in finding coverage and recovering from any exposed insurance carrier, Tammy will need the help of an attorney experienced in handling such problems.