This is a story that has sparked some controversy: the city of Dallas has awarded an elderly woman $125,000 after her 59-year-old son was rear ended by Dallas Police and died from resulting injuries.
Last August, military vet Terry Glover was driving down Polk Street when his jeep broke down in the center lane. He put his flashers on and was sitting in his car when a Dallas Police squad car, responding to a non-emergency call, rear ended him. The force of the impact pushed his Jeep over the curb and through the wrought-iron fence bordering the Little Birdies Child Care. Terry died at the hospital as a result of internal bleeding.
There has been some back and forth debate on My Fox DFW’s article about whether or the not the mother should have received anything. The reasoning goes that not only is the mother elderly, but the son was almost sixty. Being an adult, he should have moved out of his mothers’ house – essentially separating him from her. Unless she experienced a loss of income (e.g. he was providing for her), she shouldn’t receive any compensation.
The law doesn’t see it that way. In a wrongful death lawsuit, the law allows certain people to recover for the pain and suffering of not having a loved one alive any longer. Those individuals include the deceased’s natural or adoptive parents, spouse, or natural / adopted children. This statute alone (TEX CP. CODE ANN. § 71.004) is grounds for the mother receiving finances. Any loss of income she suffered would be addressed in a separate economic damages citation.
Technicalities aside, it’s a sad story – and our thoughts are with the mother of Terry Glover. No matter how old you are, the loss of a son is devastating.
Drive safely, Dallas.