Woman injured when tractor-trailer rear ends her vehicle
From the January 23, 2006 Missouri Lawyers Weekly.
Truck driver estimated he was going more than 50 mph at impact
$1.8 million settlement
A woman who was injured in an automobile accident has settled her Greene County personal injury case against the truck driver and his employer. Because of a confidentiality agreement, the names of the defendants are withheld.
On Dec. 28, 2002, the Millers were stopped behind a string of cars that were stopped on I-44 because there had been an automobile accident. The weather conditions were clear; however, there was still snow and ice on the median and shoulders of the roadway and patchy ice on the roadway itself. Mary Miller was in the front seat of the family’s extended cab pickup.
An ABC truck was traveling up behind them. The driver failed to see the traffic ahead until it was too late. The truck he was driving struck the Millers while going more than 50 miles per hour by the driver’s own estimation.
Mary Miller received back injuries, rib fractures, a shoulder fracture, bilateral pulmonary contusions with pulmonary effusion, injury to muscles, ligaments, tendons, nerves and nerve roots throughout neck, shoulders and back. She has chronic pain syndrome.
The Miller’s alleged the defendant truck driver was speeding and not paying attention. They also claimed the trucking company had knowledge the driver may have been speeding in prior runs, and continued to employee him.
The trucking company initially denied that computer satellite tracking of the truck was available. After a court hearing, however, the defendant admitted there was access to such records, which showed the driver had logged stretches prior to the accident of up to 8 hours averaging 74.5 miles per hour. The defendants denied this allegation.
The trucking company and its driver contended that the Millers passed the truck, got in front of it and slammed on the brakes because of the stopped traffic. The trucking company also claimed their driver’s speed was governed by a speed regulator, which could not have disabled. They contended the driver was not speeding in prior runs.
The parties agreed to settle the matter for $1.8 million.
Facts of the case
Type of Action: Personal Injury
Type of Injuries: Back injuries, rib fractures, a shoulder fracture, bilateral pulmonary contusions, chronic pain syndrome
Court/Case Number/Date: Greene County Circuit Court/103CC-5523/August 2005
Caption: Miller v. ABC Trucking Company and John Doe
Judge, Jury or ADR: Judge
Name of Judge: Dan Conklin
Verdict or Settlement: $1,800,000 settlement
Special Damages: $50,000 in past medical expenses, $340,000 future lost income
Allocation of Fault: N/A
Last Offer: N/A
Last Demand: N/A
Attorney for Plaintiff: Steve Garner and Jeff Bauer, Strong-Garner-Bauer, P.C., Springfield, Mo.
Insurance Carrier: N/A
Plaintiff’s Experts: Allan Hines (accident reconstructionist) Springfield, Mo.; Larry Cox (economist) Springfield, Mo.; Dr. David Preston (Radiologist) Prairie Village, Kan.; Dale Halface (neuropsychologist) Springfield, Mo.; Dr. Terry Winkler (life care) Springfield, Mo.
Defendant’s Experts: Michael Olivari (neuropsychologist) St. Louis, Mo.