Two Million Dollar Settlement in Fatality Car Wreck

  On August 27, 2007, Client’s husband, (“Decedent”) the father of two grown daughters, stopped his pickup truck at the intersection of a County Road and a State Highway and then proceeded to turn south onto the State Highway, which is a hilly stretch of road at this location. The Decedent’s vehicle was struck by a pickup trucking pulling a gooseneck flatbed trailer (“truck-trailer”).  Client’s husband was killed.  There were  no other witnesses to the accident.  Initially, the Missouri State Highway Patrol Trooper investigating the accident concluded that the Decedent had pulled out onto the State Highway, causing the accident.  However, the accident reconstructionist for the Missouri State Highway Patrol, upon analysis of physical evidence at the scene, found that as the truck-trailer approached the crest of a hill south of the intersection, he applied his brakes and skidded approximately 204 feet prior to impact, across the centerline and into the southbound lane where the front of his vehicle struck the front driver’s side of Decedent’s vehicle.  The reconstructionist concluded that the vehicle being operated by Decedent had already made its turn when it was struck.  The estimated speed of the vehicles was calculated and the truck-trailer’s estimated speed was found to be at least nine miles in excess of the speed limit.  Plaintiffs’ experts:  Dr. Kurt Krueger, Economist (Prairie Village, KS), Kevin Johnson, Wolf Technical Services, Accident Reconstruction/Animation (Indianapolis, IN).  The case settled at Mediation; the Mediator was Fred Wilkins.

Type of Action:         Wrongful Death/Motor Vehicle Accident

Court:                         Circuit Court of Adair County

Total Settlement:          $2,000,000

Attorney for Plaintiffs:        Jay Benson (Kirksville)

                                         Tim Dollar (Kansas City)

Attorney for Defendant:      Mike Baker (Columbia)