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Estate of teacher killed at RHAM Middle School settles with driver for $1.1 million

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HEBRON – Lawyers for the estate of Dawn Mallory, the teacher who died as a result of an accident in the parking lot of her school, have settled with the driver’s insurance company for $1.1 million.

Dawn Mallory, 65, was hit in the parking lot of the RHAM Middle School on March 14, 2014 and two weeks later, died of her injuries.  Elizabeth Everett, 50, is accused of backing her car up and causing Mallory’s death.

The settlement was for the maximum amount of coverage Everett carried on her vehicle.

“Of course, our firm will continue our investigation as to other sources of recovery regarding the parking lot design and the supervision of traffic that morning and the family will await the finalization of the criminal case against Everett before deciding if there is further recourse for Dawn’s death,” Attorney Joseph Barnes said.

Everett is charged with motor vehicle misconduct and unsafe backing. The misconduct charge is a felony – so that could bring the harsher penalty. She has pled not guilty.

The state trooper who responded to the scene said he smelled Alcohol on Everett’s breath. She tested at .07 — just under the legal limit. Police say there were no drugs in her system. She even had a back up camera in her vehicle — but investigators found she was going in reverse at 14 miles per hour.

After the accident, RHAM made changes to the parking area and bus area to improve safety.