Cory P. Whalen Press

Hennepin County jury awards $1.57M for boys’ death

Published in Minnesota Lawyer
July 27, 2007

A Hennepin County jury has awarded $1.57 million to a father who lost two sons in a car accident.

Originally offered $5,000 by Progressive Insurance for the life of each son, Charles Dack, of Mora, took his case to a jury.

According to Minneapolis attorney Cory Whalen, who represents Dack, the two boys, six-month old Jonathan Johnson and 2-year-old Jacob Johnson, along with their mother and step-cousin, were killed in car accident in 2005. Complicating settlement negotiations with the insurance company was the number of people involved and the fact that the boys’ young parents had never married and each lived with one of their parents.

“While Dack did not have insurance, he lived with his father who did,” Whalen said in a press release announcing the verdict. “Jacob and Jonathan lived with their father and grandfather every Friday through Sunday. Under state law, minors are allowed to have more than one residence. Because of this law, Dack was entitled to the $100,000 coverage that his father paid for.”

Under current Minnesota law, the family will be limited to collecting the insurance policy limits.