2 Million Dollar Award for Widower in Dustcart Fatality

A Maryland jury has awarded just over two million dollars to the surviving husband of a woman who was run over and killed by a dustcart as they walked along a closed traffic lane.

Xiufeng Wang and Yunshu Li of Germantown, Maryland, were walking alongside the construction site for the new Germantown and Kingsview Fire Station during the early afternoon of October 9, 2008, when the accident occurred. A dustcart which was backing out of the construction site failed to notice the two pedestrians and ran them down.

Yunshu (74) died at the scene of the accident, while her husband sustained a fractured wrist and backbone injuries. Xiufeng was released from hospital after four days and, after seeking legal advice, sued the general contractor and subcontractor for wrongful death and personal injury, arguing that the companies were negligent for failing to provide a safe pedestrian path.

Before Montgomery County Court, the jury heard that Milestone Construction Services of Sterling, Virginia, and Hakes Contracting of Germantown, Maryland, were negligent inasmuch as they had removed a portion of the sidewalk during construction and failed to carry out pedestrian traffic plans. The family also argued that the dustcart was also negligently operated.

The jury found the two defendants guilty on both charges, and awarded Xiufeng, his son and five daughters a total compensation package valued in excess of two million dollars.