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Settlement Reached in 2015 Clarksburg Drowning

Wednesday, May, 9, 2018

The wrongful death suit stemming from a 2015 drowning at the Shinnston City Pool has ended in a $1. 75 million settlement reached in mediation. 


The settlement was recently approved by Harrison Circuit Judge Chris McCarthy, but the distribution of the money will not be determined until mid-June.  The suit will likely be split in some manner between the victim’s father, mother, brother, half-sister and half-brother, material grandparents, and paternal grandparents, and stepmother.  The group’s attorney will receive 40 percent of the settlement.


The date the money will be paid has not been determined, despite the judge determining the amount was fair and reasonable.  It is expected the attorney for the city of Shinnston could raise an objection, though he has accepted the overall settlement.


The settlement also makes it possible for the family to receive money that will be used to pay for the victim’s funeral, burial, and headstone.


The beneficiaries of the settlement attempted information negotiations regarding the distribution of the proceeds, but the process was not successful.


Speaking on behalf of the law firm representing the family, attorney Tim Miley issued the following public statement:


“We are glad this case has reached a final resolution.  The Brady family can continue to heal after losing a wonderful young child who was full of life and unlimited optimism.  It was our honor to represent the family and help them navigate the legal process and assist them in holding the city of Shinnston accountable for causing Madison’s death. ”


The victim’s body was discovered submerged at the bottom of the city pool on June 17, 2015.  The city of Shinnston admitted no liability in the drowning, despite the settlement.