A Dunn woman, Mary Scott Sutton, died in a fatal accident Friday, October 10, following a visit to Betsy Johnson Regional Hospital.
Sutton was a passenger in the back seat of a Cadillac driven by her husband Calvin Sutton. The Sutton car began to drift toward the curb on McKay Avenue and struck a parked cement truck.
It appears Sutton was driving at a speed below the speed limit.
It is believed Sutton passed out due to low blood sugar.
Mrs. Sutton sustained deep bruises around her abdomen, as well as head trauma from hitting her head on the front seat & having her head snapped back after impact.
Both Suttons were transported to Betsy Johnson Regional Hospital for their injuries. Mrs. Sutton died before a helicopter from Chapel Hill arrived.
This tragic case presents an interesting legal issue. Was the driver negligent? If he was, his wife’s estate can collect from the insurance company. However, the insurance company will argue that it wasn’t the husband’s fault because he could not help passing out.
The answer to the question depends upon the facts. If it turns out that the driver was not taking proper medication or had reason to suspect he was prone to pass out, then the family could possibly recover from the insurance company for a death caused in part for his own negligence.
If it is determined that the husband was at fault, he can not recover money from the insurance company for the death caused in part by his own negligence. However, the other family members could possibly recover money from the insurance company.