To all our friends and family: Our legal fight with GEICO is done. There will be no trial on Monday. Late Monday night, GEICO made an offer to settle, and after much thought, prayer, deliberation and discussion with family, friends and our lawyer, we felt it was the best, right decision to accept the offer. We fought GEICO hard and did not back down. We feel their offer to settle acknowledges fault, which is what we wanted, while ultimately allowing both families to avoid the agony of trial. This has never been about money for us. It’s been about accountability and truth. We feel their offer finally shows they acknowledge that responsibility. There are no winners here. For us, this is simply the “accountability” part. We got the truth from phone record evidence and depositions that the driver read a text at 12:45:03 and called her boyfriend at 12:45:23, and she struck and killed Devin shortly after the text and before her boyfriend picked up the phone. We know it was not foggy on that road. In our hearts and souls we know Devin did not contribute to his death. She simply was not looking or paying attention.She hit him and she drove nine-tenths of a mile before stopping. It was avoidable but it was a horrible accident. This settlement will not make anyone rich. I would trade every penny to have Devin back. It will simply be enough to help contribute to some of his brother’s and sister’s education, which he would want, and the rest will go to build a legacy for Devin and to speak out against distracted driving. There will be nothing else. Because of this settlement, we will be in a position to do something in Devin’s name the rest of our lives. While we know Devin did not contribute to his death, GEICO has tried and was going to do everything they could to confuse the issue in trial. After long conversations with family, lawyers and friends, we know there was a chance that going to trial may have hurt Devin and the case. That would not be fair to Devin. It would have been an agonizing and devastating week for all of us. And if the unthinkable happened and things did not go our way, I don’t think I could possibly live with myself knowing that we had an opportunity to do good, and missed out on that chance. This has consumed us for three years, and especially in the last few weeks. I hope, in some small way, this helps facilitate healing for both families. A good friend and lawyer from another state told me yesterday: You won. You forced GEICO to do something they did not want to do. Maybe so. We dont feel like winners. Its a weird feeling, and one I am still wrapping my mind and heart around. There were options here, and we believe this was the best, right decision. Through all of this, we have met some wonderful people. Many people who lost loved ones in the same manner have been there for us, and we have tried to pay it forward for others.The Kenosha community has been nothing short of amazing. Now we take the next step in healing. Please help us to continue saving lives by telling Devins story, by not using your phone while driving and telling others of the dangers. One breath, one step, one moment at a time ...
Posted on: Thu, 18 Sep 2014 22:28:06 +0000
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