$2.15 Million Settlement After Three-Wheeled Motorcycle Crash, St. Louis County
Posted on October 14th, 2019 by Zane Cagle
On August 20, 2016, James Eggleston and Ruth McKelleb were riding their 2013 Harley Davidson three-wheeled (trike) motorcycle eastbound on Interstate-70. After stopping for breakfast near Effingham, Illinois, they continued on I-70 toward Indiana. At the time, Mr. Eggleston was operating the motorcycle and Ms. McKelleb was a passenger. Shortly after resuming their ride, the rear tire on the driver’s side fell off, causing the couple to be ejected and thrown into the westbound lane of I-70.
A couple of months prior to the crash, the Defendant installed an after-market exhaust kit on the couple’s motorcycle. Plaintiffs alleged that while installing the exhaust kit, Defendant dismounted and remounted the rear tire of the motorcycle which subsequently fell off during operation. Defendant denied that the rear tire of the Plaintiffs’ motorcycle was removed during the exhaust kit installation. The trike was driven a short distance prior to couple’s August 20th trip on I-70 to Indiana to see family.
Both plaintiff’s sustained life-threatening injuries and were transported via ambulance to Terra Haute Regional. Once the couple was stabilized, they where transported to Mercy Hospital in St. Louis, Missouri. Mr. Eggleston suffered a fractured neck, and head injuries which required facial and nasal surgery. Likewise, as a result of the incident, Mr. Eggleston underwent a left rotator cuff surgery. Mr. Eggleston claimed as a result of the incident, he suffered a mild traumatic brain injury which resulted in depression and cognitive impairment. Ruth suffered broken ribs, punctured spleen, left shoulder and bicep surgery, Post Traumatic Stress Disorder (“PSTD”) and increased anxiety.
Both plaintiffs were residents of St. Louis County at the time of the crash. In addition, the Defendant’s principal place of business and registered agent where located in St. Louis County, Missouri. Thus, Plaintiffs lawsuit was brought in the Circuit Court St. Louis County. Defendants alleged all maintenance completed on Plaintiffs’ motorcycle had been properly performed. Likewise, Defendant contested the extent of plaintiff’s injuries.
The parties reached a settlement at mediation and thereafter the insurance carrier for Mr. Eggleston agreed to the additional payment of $25,000.00 to Ms. McKelleb in return for a release of any and all claims against Mr. Eggleston.
Zane Cagle of The Cagle Law Firm teamed with Jason Webster of The Webster Law Firm in Houston, TX, to represent Mr. Eggleston and Ms. McKelleb.