Driver in Fatal ATV Accident Found Reckless; Passenger's Family Awarded $1.2 Million

By Jim Greene

Published on July 11, 2006

January Pearce, 23, died July 5, 2003, when she struck a tree after being ejected from an ATV being driven by Adam Brown, Jr., then also 23. The two were on a holiday trip to West Virginia with Brown's family.

A jury in Summit County Common Pleas Court awarded a total of $1.2 million to Laura Yakobics, Pearce's mother, and to Pearce's two sons, who were 3 and 6 years old at the time of the incident.

Although Brown never denied negligence in the case, plaintiffs' attorney Vincent Stafford said a determination of recklessness was required in order for his clients to prevail. He said Brown had been drinking before the incident and was driving at 40 miles per hour when he went into a skid.

Defendant's attorney Douglas Godshall argued that Pearce was partially responsible for her fate. He said she knew the risks involved when she got behind Brown on a single-seat ATV without a helmet after drinking beer.

Brown's parents were also named in the suit. The jury dismissed Cathy Brown from the suit and ruled that Adam Brown, Sr., owner of the ATV, shared no responsibility in the incident.

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