Trial News

Cheryl Miller, 71, was driving on a highway early one evening. Larry Halbert, an employee of Advanced Heating & Cooling, was driving a company truck in the opposite direction. Halbert, who had been drinking at a bar before getting into the truck, crossed the centerline, colliding with Miller head-on. Miller suffered fatal injuries in the crash. She is survived by four adult children.

Miller’s children sued Advanced Heating & Cooling, alleging negligent entrustment and failure to monitor Halbert, who, the plaintiffs claimed, had several prior DUIs, one of which was known to the defendant. The plaintiffs also asserted that someone in the defendant’s ownership group was aware that Halbert had been drinking on the job but did not intervene or take his company truck away. Suit did not claim lost income.

The parties settled for $5 million. Halbert was sentenced to prison.

Citation: Miller v. Halbert, No. CV01-18-0622 (Idaho Dist. Ct. Ada Cty. Jan. 3, 2020).

Plaintiff counsel: AAJ member Kurt Holzer and John Kluksdal, both of Boise, Idaho.

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