L.P. v. C.O

Plaintiff was struck by the Defendant’s car on August 18, 2006, near St. Charles, Missouri. Defendant was a resident of the State of Florida and in the St. Louis area for business. After being rear-ended by Defendant’s car, the Plaintiff’s car was pushed into the car in front of her. Plaintiff alleged loss wages and injuries to her neck as a result of the car crash.

Defendant’s insurance company originally denied Plaintiff’s claim because of an alleged preexisting condition to Plaintiff’s neck. However, prior to trial Defendant’s insurance company agreed to pay its policy limits for Plaintiff’s claims.

J.K. v. Farmers Insurance & Progressive Northwest Insurance Company

UNDERINSURED MOTORIST POLICY LIMITS SETTLEMENT

In December of 2003, Plaintiff was a passenger in a car that was crashed into by a drunk driver. At the time of the car crash the Plaintiff was a minor and unable to bring a cause of action against any responsible parties.

Plaintiff sustained serious injuries to her ankle which required several surgeries as a result of the car crash. The insurance company for the drunk driver agreed to pay its policy limits for Plaintiff’s injuries. However, Plaintiff was to recover very little compensation from the drunk drivers’ insurance company because of the severity of her injuries and outstanding medical bills relating to her injuries. Thus, Plaintiff made additional claims against two other auto insurance companies. Plaintiff made underinsured motorist claims against the insurance companies of the car in which she was a passenger in at the time of the crash and her auto insurance company.

Plaintiff’s counsel obtained the policy limits from both insurance carriers pursuant to each policies underinsured motorist provisions. Therefore, Plaintiff obtained a settlement from three (3) separate insurance companies for her injuries in the car crash.

R.R. v. American Family Insurance

On June 28, 2007, Plaintiff was hit by a car that left the site of the crash and which could not be identified through investigation. As a result of the crash, Plaintiff received injuries to her abdomen, left hand, left wrist, right shoulder, and right leg. While Plaintiff could not identify the responsible individual, she obtained a policy limits settlement from her insurance company pursuant to her uninsured motorist provision.

J.D. v. W.W.

POLICY LIMITS SETTLEMENT

Plaintiff was rear-ended by the Defendant on April 9, 2007, near Bonne Terre, Missouri. Plaintiff alleged back injuries, including disc ruptures at L3-L4; L4-L5; and L5-S1; anxiety; and depression as a result of the car crash. In addition, Plaintiff claimed past and future loss wages as a result of the car crash.

Plaintiff alleged Defendant was negligent in rear-ending Plaintiff car; driving to close to Plaintiff’s car; and operating the car at an excessive speed immediately prior to the crash. The Defendant’s insurance carrier alleged that Plaintiff was negligent and contributed to the crash by stopping his car suddenly immediately prior to the crash. Also, Defendant’s insurance company alleged that because of the minimal damage to the cars Plaintiff’s back injuries could not have been caused by the crash. Prior to trial, however, the Defendant’s insurance company agreed to pay Plaintiff its policy limits.

L.P. v. J.T. et. al

POLICY LIMITS SETTLEMENT

Plaintiff was a passenger in a car that was hit by a drunk driver on July 18, 2005, in Southeastern Missouri. Unfortunately, the driver of the truck that hit the car in which Plaintiff was riding died as a result of the crash. It was later discovered that the operator of the truck did not have a license or any auto insurance to compensate Plaintiff for her injuries.

Plaintiff sued the owner of the truck claiming negligent entrustment since the decedent was not a licensed driver. The owner of the truck denied allowing the decedent permission to use his truck at the time of the crash. Plaintiff alleged that since the owner of the truck had left the keys in the ignition, the windows down and knew of decedent’s intent to use said truck, entrustment could be inferred. Plaintiff argued the decision in Long v. Missouri Delta Med. Ctr., 33 S.W.3d 629, 637 (Mo. App. 2000) (stating behavior in not removing the keys from the ignition of his vehicle does not need to be the sole cause of the Plaintiffs’ injuries, but must be one of the efficient causes thereof without which the injury would not have occurred).

In addition, Plaintiff brought an action against the two (2) separate auto insurance carriers pursuant to those companies’ uninsured motorist provisions.

Plaintiff alleged that as a result of the car crash, she sustained serious injuries to her leg which required hospitalization for approximately one (1) month and several subsequent surgeries. Prior to trial the insurance carrier for the owner of the truck agreed to pay the applicable policy limits. In addition, as a question of fact existed for a jury to decide relating to if entrustment of the truck had occurred, the insurance company agreed to settlement.

S.S v. Tri-County Trucking

SEMI TRUCK CRASH CONFIDENTIAL SETTLEMENT

On a snowy day in February of 2004, Plaintiff was traveling southbound on St. Louis Route 3 in Illinois. While traveling on the road Plaintiff noticed a car crash in the northbound lane of Illinois Route 3. Thus, the Plaintiff applied her brakes in an attempt to slow her car. However, when Plaintiff applied the brakes she lost control of her car due to the ice and snow on the road and went into the shoulder of road.

Thereafter, a semi-truck owned and operated by the Defendant crashed into the rear of Plaintiff’s car. Plaintiff alleged Defendant’s negligence and numerous state and Federal regulations violations caused or contributed to cause the crash.

These allegations included:

• Failing to observe ahead and laterally ahead to avoid objects in the roadway;
• Going too fast for conditions then and there existing on the roadway;
• Failing to swerve to avoid hitting Plaintiff’s car;
• Failing to slow truck despite the weather conditions existing on the roadway;
• Failing to ensure that he had adequate line-of-sight of the other vehicles and obstructions in the roadway:
• Following in to close of proximity to Plaintiff’s car;
• Failing to ensure adequate stopping distance between Defendant’s truck and Plaintiff’s car;
• Violation of 49 C.F.R. § 395.3(b)(2) in that the driver of the truck had been driving for an long period of time;
• Violations of 49 C.F.R. § 393.42(a) and 49 C.F.R. § 393.48(a) in failing to keep proper braking equipment;
• Violations of 49 C.F.R. § 392.7 relating to the truck and trailer; and
• Violations of 49 C.F.R. § 392.3 in that the driver of the truck was impaired because of fatigue;

As a result of the crash, Plaintiff life flighted to a local hospital. At the hospital it was determined that Plaintiff had sustained serious injuries to her head, neck, chest and knee. Thereafter, Plaintiff underwent knee surgery as a result of the crash with the truck. The parties reached a confidential settlement agreement only a few weeks prior to trial.