State settles Ellerbe case for $12.5 million

The state of Pennsylvania has agreed to pay $12.5 million to settle the wrongful death suit brought by the father of an unarmed 12-year-old boy fatally shot during a foot chase by state troopers.

A federal court jury in Pittsburgh awarded Michael Hickenbottom more than $28 million -- including $24 million in punitive damages -- in March. Hickenbottom is the father of Michael Ellerbe, the 12-year-old boy shot on Christmas Eve 2002 as troopers chased him from a stolen vehicle.

Attorneys for the troopers appealed the verdict arguing the punitive damages were excessive.

The settlement includes a confidentiality agreement that prohibits the parties and their attorneys from commenting on it. But the settlement itself is filed publicly with the Pennsylvania Office of General Counsel.