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ST. LOUIS, MO
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
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