The estate of a 74-year-old New York man killed instantly in a head-on collision in North Canaan has settled a case for $5.3 million.

Ronald Westervelt was driving his 2003 Chrysler Town & Country with his wife Dixie in May 2016 in North Canaan when a 2008 Toyota Sequoia driven by 19-year-old Alexander Cooper Milardo came around a bend, crossed the center line and struck them head-on. Westervelt’s vehicle crashed into guardrails and he died at the scene. His wife suffered extensive injuries, including fractures to her hands, feet, leg and shoulder, according to the 43-page amended lawsuit filed in Litchfield Superior Court in May 2017.

Milardo was charged with negligent homicide with a motor vehicle and failure to stay in the proper lane. His next court date is Aug. 8 in Bantam Superior Court.

According to Michael D’Amico, a partner with D’Amico & Pettinicchi in Watertown and attorney for the Westervelt family, Milardo initially told investigators Westervelt crossed the center line, but an accident reconstruction team’s report contradicted his story.

“The charge of negligent homicide was brought because of the serious nature of the crash, obviously with there being a death involved and the fact that he had crossed over the center line on an otherwise clear and sunny afternoon,” D’Amico said.

Milardo’s passenger, 19-year-old Carter Taft, testified at deposition that he had been looking down at his cellphone at the time of the crash and could not recall specifics of the incident. D’Amico said Dixie Westervelt, now 76, also could not remember what happened.

Dixie Westervelt, D’Amico said, has undergone at least five surgeries. She also has nasal reconstructive surgery pending, he said, and her medical expenses exceed $400,000.

“She has had a good recovery,” D’Amico said of the surviving victim, who lives in upstate New York. “She does continue to go through therapy to improve her mobility. Her walking is off because of the incident.”

D’Amico, who was assisted on the case by his son Jeremy D’Amico, an associate with the firm, said Westervelt’s immediate reaction to the pending settlement “is relief that they can move forward and put this behind them. Dixie and her husband and the family have a strong faith. She can also feel comfortable with her financial security. Money will never right the wrongs, but whatever money can do as a means for compensation and justice, it was deserved.”

The settlement agreement was signed June 23 and will be paid in its entirety by AIG, the insurance carrier for Elizabeth Cooper, Milardo’s mother. The automobile liability policy was combined with an umbrella policy to arrive at the total $5.3 million payment.

D’Amico said his firm has agreed to donate a substantial portion of its legal fees from the case to create a music scholarship for high school students in Shokan, where Ronald Westervelt taught music for more than 20 years.

“We felt this was the way to honor his memory,” D’Amico said.

Milardo was represented by Michael Ryan, a partner with Ryan, Ryan & DeLuca in Stamford. He could not be reached for comment Thursday.

The estate of a 74-year-old New York man killed instantly in a head-on collision in North Canaan has settled a case for $5.3 million.

Ronald Westervelt was driving his 2003 Chrysler Town & Country with his wife Dixie in May 2016 in North Canaan when a 2008 Toyota Sequoia driven by 19-year-old Alexander Cooper Milardo came around a bend, crossed the center line and struck them head-on. Westervelt’s vehicle crashed into guardrails and he died at the scene. His wife suffered extensive injuries, including fractures to her hands, feet, leg and shoulder, according to the 43-page amended lawsuit filed in Litchfield Superior Court in May 2017.

Milardo was charged with negligent homicide with a motor vehicle and failure to stay in the proper lane. His next court date is Aug. 8 in Bantam Superior Court.

According to Michael D’Amico, a partner with D’Amico & Pettinicchi in Watertown and attorney for the Westervelt family, Milardo initially told investigators Westervelt crossed the center line, but an accident reconstruction team’s report contradicted his story.

“The charge of negligent homicide was brought because of the serious nature of the crash, obviously with there being a death involved and the fact that he had crossed over the center line on an otherwise clear and sunny afternoon,” D’Amico said.

Milardo’s passenger, 19-year-old Carter Taft, testified at deposition that he had been looking down at his cellphone at the time of the crash and could not recall specifics of the incident. D’Amico said Dixie Westervelt, now 76, also could not remember what happened.

Dixie Westervelt, D’Amico said, has undergone at least five surgeries. She also has nasal reconstructive surgery pending, he said, and her medical expenses exceed $400,000.

“She has had a good recovery,” D’Amico said of the surviving victim, who lives in upstate New York . “She does continue to go through therapy to improve her mobility. Her walking is off because of the incident.”

D’Amico, who was assisted on the case by his son Jeremy D’Amico, an associate with the firm, said Westervelt’s immediate reaction to the pending settlement “is relief that they can move forward and put this behind them. Dixie and her husband and the family have a strong faith. She can also feel comfortable with her financial security. Money will never right the wrongs, but whatever money can do as a means for compensation and justice, it was deserved.”

The settlement agreement was signed June 23 and will be paid in its entirety by AIG, the insurance carrier for Elizabeth Cooper, Milardo’s mother. The automobile liability policy was combined with an umbrella policy to arrive at the total $5.3 million payment.

D’Amico said his firm has agreed to donate a substantial portion of its legal fees from the case to create a music scholarship for high school students in Shokan, where Ronald Westervelt taught music for more than 20 years.

“We felt this was the way to honor his memory,” D’Amico said.

Milardo was represented by Michael Ryan , a partner with Ryan, Ryan & DeLuca in Stamford. He could not be reached for comment Thursday.