Subject: Verdicts & Settlements: Jan.24, 2005: MO. Court rules employee can’t be sued for death of co-worker

Pub: Missouri Lawyers Weekly

Author: Missouri Lawyers Weekly Staff

Category: Justice,Transportation


Issue Date: 01/24/2005      Word Count: 287

Verdicts & Settlements: Jan.24, 2005: MO. Court rules employee cant be sued for death of co-worker

by Missouri Lawyers Weekly Staff

Dolan Media Newswires



The family of a man who was crushed between two semi tractor-trailers in a Springfield, Mo., parking lot sued for wrongful death.

Keith Gamblin drove his semi into McGregor Hardware on April 9, 2004. He pulled up behind another semi that was lined up for a delivery at the warehouse gate.

While waiting to move, Gamblin, 34, got out and began working on the front of his rig. Without warning, the semi in front of him, driven by Teddie Harper, backed up and pinned him against his truck. Gamblin suffered massive crush injuries to his lower body, and died 12 hours later of blood loss.

The plaintiffs were Gamblin's wife, his five children aged 5 to 14, and his parents. They sued McGregor Hardware, claiming that its employee negligently instructed Harper to back up so a McGregor truck could exit the facility. They also sued Harper and his employer, Stevens Distributors, for failing to look behind him before backing up.

The plaintiffs settled with Harper and Stevens Distributors and with McGregor Hardware and several of its employees.  Claims remain pending against Ben Barton, the driver of the McGregor truck that was trying to exit the facility.

Type of Action: Automobile accident

Type of Injuries: Death

Court/Case No./Date: Greene County Circuit Court/104CC3088/Oct. 26, 2004

Caption: Gamblin, et al. v. Steven's Distributors, Inc., et al.

Judge, Jury or ADR: Jury

Name of Judge: J. Dan Conklin

Last Offer: N/A

Last Demand: N/A

Verdict or Settlement: settlement

Allocation of Fault: N/A

Attorneys for Plaintiffs: Daniel T. Ramsdell, Ramsdell Law Firm, Springfield; Pat Keck, Keck and Carter, Springfield

Insurance Company: Occidental Insurance Company, State Auto Insurance Company

Plaintiff's Experts: Thomas Blansett, Springfield (neuropsychologist); Phillip Mothersead, Springfield (neuropsychologist); Dr. Chapman Olive, Springfield (surgeon)

Defendant's Experts: None

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