Case Background
This wrongful death and personal injury case was filed in the Fourth Judicial District Court in Utah County, Provo Division, before Judge Thomas Low. Russ and Mandy Madsen, personally and as heirs of Michael Dominic Madsen, along with Angie Wall as legal guardian for Hunter Wall, a minor, and Sofia Bowers and Michael Bowers as legal guardians for Matthew Bowers, a minor, brought the action against Beacon Roofing Supply (doing business as Allied Building Products Corp.), Beacon Sales Acquisition Inc., and Rusty Cade Cope.
Cause
On December 17, 2018, around 6:00 P.M., Rusty Cade Cope drove a large truck southbound on State Street toward the intersection with Pleasant Grove Boulevard in Utah County. Cope was in the furthest right lane, a dedicated right-turn lane. As he approached the intersection, his traffic light changed from red to green. At the same time, the white “walk” symbol lit up, giving the right of way to pedestrian traffic intending to cross Pleasant Grove Boulevard. Michael Madsen, a minor, ran into the crosswalk to cross the street. Matthew Bowers and Hunter Wall, also minors, were a few feet behind Michael. After Michael entered the crosswalk, Cope drove through it without stopping. Cope ran over Michael in the crosswalk and killed him. Matthew Bowers and Hunter Wall were close to Michael and witnessed the event.
Injury
Michael Dominic Madsen suffered fatal injuries and died at the scene. Matthew Bowers and Hunter Wall, who were in close proximity and witnessed the crash, suffered severe emotional distress and psychological damages that required medical counseling.
Damages Sought
The Madsen Plaintiffs sought funeral and burial expenses, medical expenses, damages for pain and suffering of the surviving family members, loss of care and companionship, punitive damages, and costs of suit. Plaintiffs Bowers and Wall sought general damages, past and future medical expenses, punitive damages, and costs of suit. All damage amounts were to be proven at trial and awarded by a jury.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Russ and Mandy Madsen, personally and as heirs of Michael Dominic Madsen; Angie Wall as legal guardian for Hunter Wall, a minor; Sofia Bowers and Michael Bowers as legal guardians for Matthew Bowers, a minor.
· Counsel for Plaintiff(s): Blake W. Johnson
Defendant(s): Beacon Roofing Supply (doing business as Allied Building Products Corp.), Beacon Sales Acquisition Inc., and Rusty Cade Cope.
· Counsel for Defendant(s): Theodore E. Kanell | John H. Romney | Matthew D. Church
Claims
Negligent Employment and Negligent Entrustment (Against Beacon Roofing Supply): The Plaintiffs claimed Beacon Roofing Supply failed to hire qualified and safe employees, failed to train and supervise its drivers, and failed to retain only competent employees. They also claimed Beacon allowed Cope to drive its trucks despite knowing or having reason to know he was a careless, reckless, and incompetent driver. Cope’s driving record showed multiple speeding violations between 2005 and 2017, including driving 106 mph in a 75 mph zone and a prior crash involving injuries while driving on a suspended license.
Negligence and Gross Negligence (Against Both Defendants): The Plaintiffs claimed Cope failed to keep a proper lookout, drove distracted, did not yield the right of way to pedestrians in the crosswalk, drove too fast for conditions, and did not stop before driving through the crosswalk. They also claimed Beacon failed to conduct its business in a reasonably safe manner. The complaint alleged Cope was driving in the scope and course of his employment, and the doctrine of respondeat superior applied to Beacon.
Negligent Infliction of Emotional Distress (Against Both Defendants): The Plaintiffs claimed Matthew Bowers and Hunter Wall were in the zone of danger when the truck struck Michael Madsen, and that witnessing Michael’s death caused them severe emotional distress and psychological damages that required medical counseling.
Punitive Damages (Against Both Defendants): The Plaintiffs claimed Beacon’s decision to hire Cope and allow him to drive its truck, despite his documented driving history, showed a knowing and reckless disregard for the rights and safety of the public. They also claimed Cope’s failure to yield to a pedestrian in the crosswalk, knowing the dangers, showed the same reckless disregard.
Defense
Cope denied the complaint failed to state a cause of action. He admitted Shaun Haymore was his brother-in-law but denied the remaining allegations about Haymore. He denied driving a truck owned by Beacon on the day of the crash. He admitted he completed driver’s education and obtained a CDL license. Cope denied all allegations of negligence, gross negligence, and reckless conduct. He raised twenty-eight affirmative defenses, including that the accident was caused or contributed to by the fault of the Plaintiffs and the decedent, that the parents failed to supervise the minor children, that Plaintiffs failed to mitigate their damages, and that punitive damages were barred on multiple constitutional grounds. Cope also argued the negligent infliction of emotional distress claim should be dismissed because Bowers and Wall were not in the zone of danger as defined by Utah law. He further asserted the accident was unavoidable and that he was not negligent.
Jury Verdict
The Court determined, as a matter of law, that Rusty Cope was negligent and that his negligence was a cause of Michael Madsen’s death. The jury was instructed to determine the percentage of fault and the number of damages.
The jury found Beacon Roofing Supply was negligent and that Beacon’s negligence was a cause of Michael Madsen’s death. The jury found Michael Madsen was not negligent. The jury allocated 75% of the fault to Rusty Cope and 25% to Beacon Roofing Supply, with 0% to Michael Madsen.
The jury awarded Russ Madsen $33,000,000 in damages and Mandy Madsen $33,000,000 in damages, before any fault deductions by the Court. The jury found that Matthew Bowers was in the zone of danger when Michael Madsen was struck by the truck. The jury also found that witnessing Michael’s death caused Matthew Bowers severe emotional distress that manifested or will manifest through severe physical symptoms or a professionally diagnosed mental illness and awarded him $7,500,000 in damages. The jury found that Hunter Wall was also in the zone of danger, and that witnessing the death caused Hunter Wall severe emotional distress that manifested or will manifest through severe physical symptoms or a professionally diagnosed mental illness. The jury awarded Hunter Wall $7,500,000 in damages.
The verdict was signed by the jury foreperson on March 13, 2026.
Court documents are available upon request at [email protected]
