Subject: Verdicts & Settlements(September 30, 2005): Student killed in accident with tractor-trailer

Pub: Missouri Lawyers Weekly

Author: Missouri Lawyers Weekly Staff

Category: Justice,Transportation

Sub-Category: Courts

Issue Date: 10/03/2005      Word Count: 321

Verdicts & Settlements(September 30, 2005): Student killed in accident with tractor-trailer

by Missouri Lawyers Weekly Staff

Dolan Media Newswires



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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