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ST. LOUIS, MO
The family of a sixteen-year-old driver who was killed when a tractor-trailer pushed
her car into oncoming traffic has settled its wrongful death case against the trucking
company and another motorist.
The settlement requires all parties remain confidential.
The fatal wreck occurred at the intersection of US 71 and Rains Road in McDonald
County, Mo. The 16-year-old high school student was on her way to pick up her younger
sister at the local middle school.
The decedent was traveling south on US 71. Her family claimed that she was stopped
and waiting for oncoming traffic to clear before turning left onto Rains Road when
she was struck from behind by a tractor trailer.
The impact pushed the decedent' vehicle into the northbound lane of traffic where
she was struck on the passenger side by a pickup truck.
During the collision with the tractor-trailer, a fuel tank on decedent's vehicle
ruptured, resulting in a fire that engulfed the decedent and her car.
During the lawsuit, it was discovered that the trucking company's driver was over
hours in violation of the department of transportation regulations. Also, the driver
had allegedly altered his logs and misled the investigating police officers about
his speed.
The defense argued that the sun temporarily blinded its driver and that decedent
had made a sudden, unsignaled stop in a construction zone. In addition, the defense
argued that decedent did not suffer as a result of the wreck or fire in that she
had died instantly as a rest of head and chest injuries.
The partied settled prior to trial.
Facts of the case
Type of Action: Wrongful death
Type of Injuries: Death
Court/Case Number/Date: Jackson County
Caption: Jane Smith v. ABS Trucking and John Doe
Judge, Jury or ADR: Judge
Name of Judge: Marco Roldan
Verdict or Settlement: settlement
Special Damages: N/A
Allocation of Fault: N/A
Last Offer: N/A
Last Demand: N/A
Attorney for Plaintiff: Ed Hershewe and Michelle Boehm O'Neal, The Hershewe Law
Firm, Joplin, Mo.
Insurer: N/A
Plaintiff's Experts: N/A
Defendant's Experts: N/A
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