McDonough County has agreed to a $1.5 million settlement to resolve a federal lawsuit brought by the mother of a man who was killed in a 2023 crash while being pursued by sheriff’s deputies.
35-year-old James Mellenthin of Cottage Hills died of multiple blunt force injuries on Jan. 27, 2023, when his vehicle crashed on U.S. Route 67 in Scotland Township during the high-speed pursuit.
His mother, Tammy Mellenthin, filed the wrongful death lawsuit in October 2023 and an amended complaint in January 2024.
In exchange for the settlement with McDonough County, Tammy Mellenthin agreed to dismiss the other defendants in the case, which were the McDonough County Sheriff’s Office, Deputy Evan Schmalshof, and Deputy Nicholas Ruggio.
U.S. District Judge Sara Darrow approved the settlement order last month. In the settlement agreement, McDonough County denied all liability and wrongdoing, stating the settlement was made to avoid further litigation costs.
The $1.5 million payout will be funded by an insurance provider.
Per a contingency agreement, Tammy Mellenthin’s attorneys will receive a third of the payout, plus litigation expenses.
The remainder of the payout will be distributed to James Mellenthin’s minor children.
The breakdown of the payout is as follows, according to the settlement agreement:
- Structured annuities: $825,000 will purchase annuities providing annual, monthly, and deferred lump-sum payments to the minor children.
- Cash proceeds: $148,047.42 will be divided among the three children under the supervision of the probate court in Madison County.
- Attorney fees and costs: $526,952.58 is allocated for attorney fees ($500,000) and litigation expenses ($26,952.58)
