ST. LOUIS, MO
A motorcycle rider who suffered a traumatic brain injury settled his Jackson County
personal injury case after the second day of trial.
Basil Quesenberry and his son were riding their motorcycles on I-44 near Joplin
on March 5, 2005. After his son passed a tractor-trailer truck owned by Swift Transportation
Company, Quesenberry claimed he had to take evasive action and lost control of his
motorcycle when the truck moved into his lane. Quesenberry suffered a brain injury
with impaired short-term memory, cognition and speech. He was also diagnosed with
post-traumatic stress disorder and major depression.
The defendant claimed its driver changed lanes to avoid an unidentified vehicle
entering the highway. Based on the truck driver's testimony, the plaintiff sued
his underinsurance carrier for the actions of the phantom vehicle.
Joplin attorneys Edward J. Hershewe, Alison R. Hershewe and Michelle Boehm represented
the plaintiff.
The attorneys conducted a pre-deposition investigation that revealed the driver's
previous felony convictions for theft and assault, his drug and alcohol use and
involvement in another accident that resulted in death. The driver denied any criminal
convictions in interrogatories. Although the driver then testified that he told
the company of his history, the company denied prior knowledge.
The defendant argued comparative fault, presenting evidence that the plaintiff was
speeding and only used his rear brake to try to stop. The defendant also claimed
that the plaintiff had made a good recovery because he could drive and that he did
not need future attendant care. In a report to Missouri Lawyers Weekly, Hershewe
said all of the experts agreed that the plaintiff could not return to work.
Hershewe said the defendant's experts on speed contradicted each other with one
claiming the plaintiff was going 86 mph and the other arguing that he drove within
the speed limit.
Facts of the Case
Type of Action: Personal injury
Type of Injuries: Closed head injury
Court/Case Number/Date: Jackson County Circuit Court/0516-CV08345
Case: Quesenberry v. Swift Transportation Co., Inc. and Shelter Insurance Company
Judge: Marco Roldan
Verdict or Settlement: settlement from Swift Transportation Co., Inc. and Shelter
General Insurance Company
Attorneys for Plaintiff: Edward J. Hershewe, Alison R. Hershewe and Michelle Boehm
O'Neal, The Hershewe Law Firm
Insurance Carriers: Self Insured
Plaintiff's Experts: Mariusz Ziejewski (accident reconstruction) Fargo N.D.; Donald
L. Asa (trucking expert) Phoenix, AZ; John Ward (economist); Norbert T. Belz, (Life
care planner); Tammy Albrecht, M.D. (treating physician); Dr. Alan Weintraub M.D.
(treating neurologist) Englewood, CO; Steven Akeson, Ph.D. (treating neuropsychologist);
Dale Halfacre, Ph.D. (treating neuropsychologist)
Defendants' Experts: James Pfeiffer (accident reconstruction) Wichita, Kansas; Stephen
Garets (motorcycle expert) Portland Oregon; Richard Dubinsky, M.D. (neurologist)
Kansas City, Kansas
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