Girl Killed, Boy Injured In Accident With Truck; Truck Driver Said Pickup 'Came Out Of Nowhere'


The mother of Bryan Harr and the parents of Colbey Oglesby sued Robert Brinegar, a truck driver, and Jarrod L. Calvin, his employer, after a September 2001 collision that injured Harr and killed Oglesby. The cases were consolidated for trial.

The accident occurred on Missouri 97 at the intersection of Farm Road 122 in Dade County, Mo. Brinegar was trying to back his tractor-trailer truck up to left turn onto Farm Road 122. The trailer of the truck was blocking the southbound lane of Missouri 97. Brinegar had his bright lights and flashers on at the time of the accident. Harr struck the trailer at 55 mph. An eyewitness testified that Harr's pickup truck did not slow down, swerve or brake before the accident.

Harr, 16, suffered mild traumatic brain injury, and Oglesby, 15, was killed.

The plaintiffs claimed that Brinegar violated multiple Federal Motor Carrier Safety regulations, including driving while fatigued and improper placement of retroreflective sheeting. They also argued that he failed to keep a careful lookout and failed to dim his lights to oncoming traffic.

The defendants argued that Harr was speeding and failed to keep a careful lookout. He had his driver's license only a few days at the time of the accident. Brinegar testified that at the time he started to back into the lane, there was no one coming from either direction and that Harr "came out of nowhere."

The global settlement represented the limits of the available insurance for both cases through TransGuard Insurance Company of America, Inc.

Type of Action: Automobile/tractor-trailer accident

Type of Injuries: Mild traumatic brain injury; death

Court/Case Number/Date: Jasper County Circuit Court/02-CV-680340 and 02-CV- 680343/July 1, 2002

Caption: Oglesby, et al. v. Brinegar, et al. and Harr v. Brinegar, et al.

Judge, Jury or ADR: N/A

Name of Judge: William Crawford

Allocation of Fault: N/A

Last Offer: N/A

Last Demand: N/A

Attorneys for Plaintiff: Daniel T. Ramsdell and Charles K. Willoughby, The Ramsdell Law Firm, Springfield

Insurance Carrier: TransGuard Insurance Company of America, Inc.

Plaintiff's Experts: Roger Allen, Houston, Texas (highway patrol sergeant/accident reconstructionist); Bonnie Talik, Springfield (commercial motor vehicle safety)

Defendant's Experts: N/A

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