$7.6 Million Settlement


August 2003

Caption: Smith and Doe v. ABC Trucking

Court: U.S. District Court, W.D., Missouri

Special Damages: $3,000.00 funeral expense for Smith, $640,000.00 plus future medical expenses for Doe

Injuries: Smith killed in accident Doe suffered a severed spinal cord and is paralyzed from the neck down

Plaintiff’s Attorneys: James Montee, The Montee Law Firm, P.C.,

A $7,600,000.00 settlement has been reached by the estate of Mary Smith and Jane Doe with Defendant ABC Trucking for the death of Mary Smith and the injuries suffered by Ms. Doe due to an accident involving the Doe vehicle and a semi tractor owned and operated by ABC Trucking.

On August 26, 2002, Smith and Doe were traveling eastbound on Highway 36 in Linn County, Missouri. The semi truck owned by ABC was also traveling eastbound on Highway 36. The vehicle operated by Doe was stopped in a construction zone, at the direction of the construction site flagman. The semi owned and operated by ABC struck the rear of the Doe vehicle at approximately 50 miles per hour.

As a result of the accident Ms. Smith was killed immediately. Ms. Doe suffered a severed spinal cord and a fractured right arm. Ms. Doe was hospitalized for four months. While hospitalized, Ms. Doe was forced to undergo two spinal fusion surgeries. She also developed a decubitus ulcer which required 24 hour wound care. She will require medical care and living assistance for the rest of her life.

At mediation, a settlement was reached under which ABC’s insurance carrier agreed to pay $1,100,000.00 policy limit to settle Smith’s wrongful death claim and $6.5 million was paid to settle Ms. Does personal injury claim.