Subject: Verdicts & Settlements June 27, 2005: Parents of man killed in trucking accident settle case

Pub: Missouri Lawyers Weekly

Author: Missouri Lawyers Weekly Staff

Category: Justice

Sub-Category: Courts

Issue Date: 06/27/2005      Word Count: 332

Verdicts & Settlements June 27, 2005: Parents of man killed in trucking accident settle case

by Missouri Lawyers Weekly Staff

Dolan Media Newswires



Greg Mills, a 27-year-old resident of Seneca, Mo., was killed on Dec. 4, 2003 when the automobile he was driving was hit by another motorist in a head on collision.

The accident occurred on Missouri highway 71 in McDonald County, about 8 miles south of Pineville. According to the Missouri Highway Patrol, truck driver Anthony Loveland was driving southbound on the two-lane highway for Dampier and Daughters. The combined trailer weight was 79,000 lbs.

Loveland was following traffic ahead of him too closely through a congested construction zone. As Loveland approached an intersection where traffic had suddenly stopped, his tractor-trailer rear-ended another motorist, pushing the vehicle into the northbound lane where it collided head on with Mill's vehicle.

Gouge and tire marks on the roadway evidencing the point of impact for this accident suggested that no other motorist besides Loveland could have avoided this accident.

Mills sustained severe injuries and died within a matter of minutes at the scene.

Dean and Dianna Mills, Greg's parents, filed a wrongful death suits on Jan. 5, 2004 against the trucking company. There were no other Class I beneficiaries and no economic losses.

Over the next several months the parties litigated liability. On Dec. 22, 2004, the trucking company amended its answer and admitted liability for its driver's negligence. A settlement agreement was finally reached on April 26, 2005, six days before trial.

The wrongful death settlement was approved on May 2, 2005 and the court apportioned the proceeds 50 percent to each parent plaintiff.

Type of Action: Wrongful Death

Type of Injuries: Death

Court/Case Number/Date: Jackson County Circuit Court/04CV200059/April 4, 2005

Caption: Mills, et al. v. Dampier d/b/a Dampier and Daughters

Judge, Jury or ADR: settlement

Name of Judge: Stephen Nixon

Verdict or Settlement: Settlement

Special Damages: N/A

Allocation of fault: 100 percent to defendant

Last offer: N/A

Last demand: N/A

Attorney for Plaintiff: Aaron W. Smith, The Hershewe Law Firm, P.C. Joplin

Insurer: Northland Insurance

Plaintiff's Experts: Richard Ziernicki, Englewood, Colo. (accident reconstruction); Matthew Meyerhoff, Phoenix, Ariz. (trucking expert)

Defendant's Experts: not disclosed at time of settlement

Copyright 2008 Dolan Media Company.  All rights reserved.

Putting the Brakes on Unsafe Trucking Companies