BY JANE PRENDERGAST
The Cincinnati Enquirer
COVINGTON - A lawsuit that started with a driver's claiming he was not responsible because he was drunk and took an impotence drug ended this week with more than $1 million going to the man he hit.
Defendant Hugh Couch initially said he was incapacitated without warning by the combination of alcohol, the sexual performance drug and anti-depressants when he hit a car driven by Gary Bolen. That, his lawyers said, made him not in control when he crossed the Interstate 75 median in Grant County four years ago and struck the Boy Scout leader.
Mr. Bolen sued, seeking insurance money for what are predicted to be continuing medical problems. His settlement this week ended the suit.
His lawyers would say only that they got $1,050,000 from two insurance companies. They could not disclose how much more they got from an additional $25 million umbrella policy carried by the parent company of Mr. Bolen's employer.
Mr. Couch's initial "black-out" defense made the case interesting, said Cindy Shirooni, one of the attorneys who represented Mr. Bolen and his family. Battles developed over what insurance money was available. The company initially said Mr. Bolen was covered, then said he was not.
"We've never had an insurance company change positions in midstream like that," Ms. Shirooni said. Attorneys for the insurance companies, Federal and Wausau, could not be reached for comment. Mr. Couch was sentenced to five years in prison but was out on shock probation after 90 days.
