Public Safety · Valley-wide
Family of Metro detective killed by a falling beam on U.S. Highway 95 settles wrongful death lawsuit
A judge announced a global settlement in the wrongful death case of Metro detective Justin Terry, killed in 2022 when a beam fell on his vehicle in a highway construction zone. The deal ends a 3½-year legal fight.
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What happened
The family of Las Vegas Metropolitan Police Department detective Justin Terry has settled the wrongful death lawsuit filed after he was killed on U.S. Highway 95 in 2022, the Las Vegas Review-Journal reported, citing court records. Judge Kathleen Delaney announced the global settlement in court on Monday, according to the newspaper.
The agreement closes a legal fight that lasted 3½ years. The case pitted Terry's family against three companies: Western States, Las Vegas Paving Corp. and D.H. Charles Engineering, Inc.
How the detective died
A beam in a highway construction zone
According to the Review-Journal, Terry, 45, was driving behind a Kenworth tractor-trailer in June 2022. The truck was hauling a backhoe loader through the Centennial Bowl project, a construction zone near the intersection of U.S. Highway 95 and the 215 beltway in northwest Las Vegas.
Work on the project included building overpasses above the southbound lanes of U.S. Highway 95. The newspaper reported that the backhoe loader struck a beam, which fell and crushed Terry's vehicle. He died at the scene.
A 20-year Metro veteran
The Review-Journal described Terry as a 20-year veteran of the Metropolitan Police Department. His family later brought a wrongful death lawsuit over his death.
What the lawsuit claimed
Negligence allegations
The suit was filed in February 2023 and accused Western States Contracting and Las Vegas Paving of negligence, the Review-Journal reported. According to the complaint, the tractor-trailer was traveling with an oversized load, while Las Vegas Paving was responsible for placing the beam.
The complaint also accused Western States Contracting of negligent hiring and training. These were allegations made in a civil complaint. With the settlement, the case ends without a jury deciding them.
An insurance payment from the engineering firm
The terms of Monday's settlement were not disclosed. However, court documents filed in September show that D.H. Charles Engineering had agreed to pay Terry's family more than $4.5 million from an insurance policy, the Review-Journal reported.
What the judge said
In announcing the deal, Delaney said she believes it is usually better when the people involved in a case resolve it themselves, the Review-Journal reported. She said that is especially true when the parties can "participate in and find a solution" on their own.
She contrasted that with leaving the outcome to a jury. She referred to "the 12 and the eight who would deliberate" had a panel been selected to work out the case.
The focus of the claims
The lawsuit centered on a death inside a highway construction zone on U.S. Highway 95. The claims focused on how an oversized load was moved through the work area and who was responsible for placing the beam that fell. For more on safety issues around the valley, see our public safety coverage.
What to watch next
- The terms of the global settlement announced Monday have not been disclosed, according to the Review-Journal.
- The only dollar figure reported so far is the more than $4.5 million D.H. Charles Engineering agreed to pay from an insurance policy, according to court documents filed in September.
