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ST. LOUIS, MO
A Jackson County jury awarded the family of a 19-year-old woman who was killed in
a construction zone collision with a tractor-trailer. The jury allocated 60 percent
fault to the decedent driver, who failed to yield the right-of-way, reducing the
award.
"We conceded that a percentage of fault needed to be allocated to the decedent,"
said plaintiff's attorney Christopher J. Stucky of Kansas City. "We're pleased
the jury was able to look past the fact that the decedent created the initial situation
and see that the trucker did not respond appropriately."
The collision occurred near the southeast Missouri town of Ellsinore on April 12,
2004. Jennifer McBride was attempting to enter traffic on U.S. Highway 60 from the
north and failed to yield to a westbound tractor-trailer owned and operated by Riverside,
Transport, Inc.
According to the plaintiffs, McBride made it across the trucker's lane and into
the center turn lane. The truck driver slammed on his brakes and swerved to the
left, striking McBride's vehicle in the driver's door and killing her instantly.
McBride's mother and son, who was 8 months old at the time of her death, filed a
wrongful death suit against Riverside on a respondent superior theory of liability
for the negligent actions of its driver. Accident reconstructionists for both sides
agreed that the collision occurred in the center turn lane of U.S. Hwy. 60. The
plaintiffs contended that if the trucker had stayed in his lane or swerved onto
the shoulder on his right, he would have missed McBride's vehicle. Thus, they argued,
he responded inappropriately by swerving to the left.
The experts also agreed that immediately prior to slamming on his brakes, the truck
driver was speeding through the construction zone - traveling 53 to 58 mph in a
50 mph zone.
The plaintiffs built their case largely around the Riverside driver's violations
of several aspects of the Missouri Commercial Drivers License Manual. The manual
says professional truck drivers are required to drive slowly and carefully through
a construction zone, at least in part because "other drivers are often distracted,"
and under certain circumstances the safe driving speed is below the posted speed
limit. Plaintiffs openly conceded that McBride failed to yield the right-of-way.
But they claimed that the truck driver, due in part to his excessive speed, failed
to avoid her car when he could and should have.
The Riverside driver had been driving through the construction zone for about six
miles before he got to the intersection where the collision occurred. But during
his deposition, he claimed he did not see any of the construction signs, construction
workers or construction equipment that witnesses said were present in the construction
zone. Riverside did not call its driver as a witness at trial.
In defense, Riverside stressed the fact that McBride pulled out in front of its
driver, leaving him no time to react. The company disputed whether McBride had cleared
the trucker's lane. As the truck driver swerved left to try to avoid McBride's vehicle,
they claimed that McBride continued driving straight ahead and collided with the
truck.
Riverside further argued that the truck driver's speed did not make a difference.
According to both sides' experts, the trucker would have hit McBride's vehicle even
if he had been traveling the speed limit and no other factors changed.
After a six-day trial and over four hours of deliberation, the jury apportioned
60 percent of the fault to McBride and 40 percent to Riverside, reducing the verdict.
The plaintiffs offered to settle the case Stucky said. Thus they were "pleased"
that the net recovery exceed their offer.
Defense attorney of Kansas City called it a well-tried case. "Riverside is
exploring its post-trial options," he said.
Facts of the Case
Type of Action: Wrongful death
Type of Injuries: Death
Court/Case Number/Date: Jackson County Circuit Court/0516-CV23422/April 19, 2007
Caption: Murphy v. Riverside Transport, Inc.
Judge, Jury or ADR: Jury
Name of Judge: Vernon E. Scoville III
Special Damages: N/A
Allocation of Fault: 60 percent to decedent; 40 percent to defendant
Attorneys for Plaintiff: Christopher J. Stucky and Benjamin C. Fields, Douthit Frets
Rouse Gentile & Rhodes, Kansas City; Douglas Kennedy, Kennedy, Kennedy &
Robbins, Poplar Bluff
Insurance Carrier: Lincoln General
Plaintiff's Experts: Gerald Miller, Kansas City (economist); Jerry Wallingford,
San Antonio, Texas (accident reconstruction)
Defendant's Experts: Thomas Schaeffer, St. Louis (accident reconstruction)
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