One morning in March, Plaintiff high school senior was with two of her friends, driving to the Mall of America to pick out dresses for their May 15th senior prom. As they were heading south on Highway 65 in the inside or left lane of the four- lane highway, a Ford Explorer was traveling just behind and to the right of senior's vehicle. As the driver of the Ford Explorer was overtaking teenager's vehicle, she reached down to pick up a cheeseburger off the floor of her vehicle and veered into Plaintiff's vehicle causing both vehicles to overturn, and Plaintiff's vehicle to slide into northbound Highway 65, coming to rest on its roof.

According to the Hennepin County Medical Examiner, the teen died from multiple blunt force injuries. There were no controlled substances found in her body. The at-fault driver, however, was charged with felony criminal vehicular homicide and gross misdemeanor criminal vehicular operation resulting in bodily harm. She was found to have amphetamine, methamphetamine and marijuana in her system at the time of the crash. The case settled for the $30,000.00 liability policy limits, and the $100,000.00 UIM policy limits.