Father of motorcyclist killed in accident last week sues other driver for $7M

Tuesday, July 24, 2012 at 4:25pm

The father of a 44-year-old motorcyclist who died as a result of a crash Friday filed a $7 million lawsuit on Monday against the driver of the car that struck him.

Daniel Blackburn was transported to Vanderbilt University Medical Center after he collided with a Cadillac Escalade driven by Henry McGee on North Gallatin Pike Friday. Blackburn, of Goodlettsville, died from his injuries shortly after arriving at the hospital, according to the Metro Nashville Police Department.

McGee, 66, of Madison, was driving the SUV, according to Metro police, who said the preliminary contributing factor of the crash appeared to be McGee’s failure to yield.

Blackburn’s father, Charles Blackburn, is asking the court for at least $5 million in compensatory damages and $2 million in punitive damages.

The lawsuit, filed by attorney Jon Peeler, claims several traffic violations by McGee led to Daniel Blackburn’s death. Peeler said Charles Blackburn was as “distraught as he could be” over losing his son.

No charges have been filed against McGee, but the MNPD investigation of the crash is ongoing.

According to the Tennessee Department of Transportation, motorcycle deaths in Tennessee have risen by 31 percent this year compared to last year.

15 Comments on this post:

By: Rasputin72 on 7/25/12 at 5:37

I feel badly for the family of Blackburn. As a potential juror I would love to know how much money Blackburn has earned so far in his lifetime?

By: Rocket99 on 7/25/12 at 6:20

Who cares how much money Blackburn has earned. That has no relevance to the case. Someone has died due to neglegence. You can not put a real price on a human life.

By: BigPapa on 7/25/12 at 7:02

"You can not put a real price on a human life."

Apparently it's $7M.

By: Rasputin72 on 7/25/12 at 7:06

Rocket99.....Of course I can. That is the reason I am asking for his income statement., I can then reach some idea of what he would be worth. Every family has grief at some point I do not pay for grief one family over another.

By: govskeptic on 7/25/12 at 7:14

Why are law enforcement officers so reluctant to issue a violation when
someone extremely carelessly makes a turn directly into the path of
a motorcyclist or bicycle rider? This old claim of " I didn't see them" is
accepted as OK, when in fact, we are all expected to look where the
hell we are going when driving a two to five thousand pound vehicle!

Let's say instead of a motorcycle it was a Police Car that this man
turned in front of. How long an investigation and charges would take
place in that instance. I'd say one hour max!

By: NewYorker1 on 7/25/12 at 8:36

OMG!!! What am I going to wear to the court hearing? Gucci, Prada, or Fendi? Any suggestions?

By: Jughead on 7/25/12 at 9:21

It was an ACCIDENT, folks. The driver did not intend to harm anyone.

I doubt there is more than 100k in insurance, and the driver doesn't have that kind of $$$. Plus, he can discharge it in bankruptcy if it were mere negligence.

I always find it distasteful when family members file suit immediately for mega-millions.

By: JohnGalt on 7/25/12 at 9:49

rocket wrote, "You can not put a real price on a human life."

Actually you can. Calculating the Human Life Value for an individual is a key component in financial and estate planning particularly in calculating life insurance needs. However, when lawyers get involved, common sense always flies out the window and lawsuit numbers are dramatically inflated in hopes of getting a part of what's demanded.

By: chamboyoyo on 7/25/12 at 10:32

Don't know what is going on here but it is always interesting when someone on welfare's family receives a huge settlement for themselves or their family due to loss of income due to injury or maybe even a death. There needs to be a limit on everything whether a person is rich or poor. That is why physicians can no longer make any money. They have huge insurance premiums and other costs are going up, their income is being cut substantially, and the government is now telling them pretty much everything they can do in their practice. For an OB/GYN insurance can be nearly 50% of what they bring in. The lawyers and judges have a great racket going on that has crippled our nation- and this is just one example. It really does not seem in the case of an accident that a person's income has a whole lot to do with things- though it could. The question is should a person who has never made more than $10,000 in a year in their life be able to obtain millions in a settlement?

By: jvh2b on 7/25/12 at 10:57

Jughead is right (for once).

It's simple negligence. There are no punitives in this case...the person at fault wasn't drunk and didn't intend to do it.

If the motorcyclist had a job he'll probably get the liability limits from the at fault guys insurance carrier...odds are good the at fault guy doesn't have much to go after beyond that...and even if he did...yup...bankruptcy.

It's tragic that it happened...but guys dad and his ambulance chasing lawyer (who known better) need to get a grip.

By: buzzer on 7/25/12 at 12:35

the driver possibly made and unfortunate driving mistake, as we all have, that cost someone their life. should his family wealth be wiped out because of thls mistake. no! we need settlement caps in this state such as those in texas that have resulted in lowering insurance rates by as much as 50%

By: Lorenzo on 7/25/12 at 1:19

Too many unknowns in the article to make a call. The suit papers do state the driver of the SUV comitted several driving violations which led to the accident. Depending on the number of violations and their severity could change the circumstances from simple negligence to gross negligence. If the offending driver has a history of poor and improper driving then punitive damages could come into play.

By: langus-ncp on 7/25/12 at 7:36

if he had a couple drinks hed have lost any coverages by insurance. anyone running over kids on bikes should loose their lives...molest a few and itll cost ya 60mill. unless your micheal the molester jackson...

By: Jughead on 7/26/12 at 10:03

@jvh2b: I'll deem your post as a compliment. Don't make it a routine thing, though--don't want my reputation ruined!

By: Radix on 7/27/12 at 2:21

Tennessee has about the worst drivers I have seen.

He can sue all he wants, and I support him. A suit is a civil matter not criminal. But until the police step up enforcement the terrible drivers of TN are going to do this over and over.