Trial News

Truck driver Igor Nikolaychuk, 50, stopped his tractor trailer on the shoulder of an icy freeway to install tire chains. An out-of-control motorist struck and killed Nikolaychuk as he was installing the chains. He is survived by his wife and three children, one of whom was a minor.

After settling with the at-fault driver for $25,000, Nikolaychuk’s estate sued National Casualty Co., the underinsured (UIM) carrier for the tractor trailer’s owner, alleging that the insurer was liable for the negligence of the at-fault driver and for wrongful death.

The defense argued that Nikolaychuk was not an insured under the policy because he was not occupying the vehicle at the time of the incident. The court held that because placing chains on tires was a process requiring Nikolaychuk to go in and out of the truck, he was a vehicle occupant under the policy.

The jury awarded $1.9 million. The case is reportedly on appeal.

Citation: Nikolaychuk v. National Cas. Co., No. 3:17CV00921 (D. Or. Dec. 2018).

Plaintiff counsel: Ivan Zackheim, Portland, Ore.