$285,000 Settlement for Facial Fractures

A 2-vehicle collision on U.S. Highway 136 in Clark County, Missouri resulted in injuries to a 61-year old Memphis, Missouri man. On the 15th day of April, 2002, Jerry W. Sears was operating a grain truck, loaded with shelled corn, in an easterly direction on U.S. Highway 136, when a 1998 International 4700 single axle straight truck crossed the center line while skidding to avoid striking another vehicle in the rear. The front of Jerry’s grain truck struck the passenger side door area of the straight truck, before Jerry’s vehicle rolled onto it’s passenger side and came to rest in a ditch.

As a result, of the collision, Jerry sustained fractures of the facial area surrounding his right eye. Jerry also suffered a partial tear of the rotator cuff of his right shoulder, for which Jerry’s physicians prescribed physical therapy.

Jerry and his wife hired Kirksville, Missouri attorney Jay Benson to represent them in their claim for damages resulting from Jerry’s injuries. Benson was able to file suit in the Circuit Court of Jackson County, in Independence, Missouri. After suit was filed, Benson entered into a settlement agreement on behalf of his clients, with the insurer of the straight truck paying in full settlement the sum of $285,000.

Type of Action: Damages-Bodily Injuries

Type of Injuries: Facial Fractures; Partial Tear of Right Rotator Cuff

Court/Case Number/Date: Circuit Court of Jackson County, Missouri; Case No. 02CV231299; December 2002

Caption: Jerry W. Sears et al vs. Patrick E. Howard II

Total Settlement: $285,000

Special Damages: $51,214.04

Attorney for Plaintiff: Jay Benson, Kirksville, MO