Billings wrongful death lawsuit settled for $2.85 million

A $2.85 million settlement has been reached through counseled negotiations among the parties involved in two civil suits that stem from the November 2004 death of Glade Valley resident Susan Billings. Husband Thomas "Tommy" Billings initially filed a wrongful death suit against Terminal Trucking Company Inc., Triple B Leasing Inc., Paceco Inc., Joseph Clarence Yancey III, Charles Eugene Isenhour and Mary B. Isenhour in February 2005. In October 2005, Billings filed a similar suit against the National Semi Trailer Corp. and Parkdale Mills, Inc. According to a petition for approval of a wrongful death settlement, filed May 16 in the Alleghany County Clerk of Court Office, Billings petitioned the court for an order approving a settlement that had been reached between all of the parties.

In support of the petition, the plaintiff showed the court, "These are wrongful death actions arising from the alleged negligence on the part of the defendants," the petition document stated. "(The) plaintiff alleged that Susan Billings burned to death on November 22, 2004 in a vehicle collision as the result of various acts of negligence by (the) defendants. (The) defendants have denied any negligence."

According to the document, beneficiaries of the funds are Billings and Mrs. Billings' children, 21-year-old Timothy William Mimbs, 19-year-old Candice Lee Mimbs, 17-year-old Alyssa Caswell Mimbs and 14-year-old Charles Kevin Mimbs.

Of the $2.85 million settlement, Comerford and Britt are to receive $950,000 for attorney's fees and an additional $34,764.18 for costs and expenses. Mrs. Billings' father, Tim McCarthy, is slated to receive $9,295.62 to cover Mrs. Billings' funeral and burial bills, while her mother, Jane McCarthy, is slated to receive $500 to cover a portion of the cost of a grave marker. Mr. Billings is to receive $1,070 for his portion for costs of a grave marker, as well as an additional $638,123.40. Billings' older children are slated to receive $304,061.70 each, while the younger children's payments in the same amount are to be paid to the clerk of court.

Within the order approving the settlement, it stated "The father of the minor beneficiaries has indicated a desire to set up a trust for the benefit of the minor children and is in the process of seeking legal counsel to determine whether such a trust would be appropriate. If appropriate, the court will entertain such a motion, and will determine the merits at a later hearing."

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