Cagle Law Firm

Driver Receives $200K Settlement: Cooper County, Missouri

In November of 2013, Ms. Cook was at a stop sign on the exit ramp of Interstate 70 when she was rear-ended by Defendant Murphy.  The collision was significant in that it propelled her across the intersection.  Ms. Cook claimed neck, back and shoulder injuries. According to the petition, Murphy later pled guilty to driving while intoxicated during the accident.  Most of Plaintiff’s damages were neck related. Cook was represented by Andrew Mundwiller of The Cagle Law Firm.

According to Mundwiller from The Cagle Law Firm, “She did have a complicated medical history in that she had some prior complaints with the same area of the body”. He noted that the MRI did not provide evidence of disc injury and claimed Plaintiff’s compliant was primarily a muscle strain.  He stated that the defendants cited medical records noting that his client suffered from a work-related neck injury and fibromyalgia, both of which predated the accident.  Mundwiller said that her prior neck problems were minimal and seemingly resolved before the crash.  However, the Plaintiff may have to undergo future medical treatment such as “facet block injections”.

Initially, Mundwiller had offered to settle the case for the policy limit of $50,000.00 which was turned down.  However, later the defendants offered the policy limit which Mundwiller rejected.

“We felt the case had value in excess of 50 and I would do a disservice to my client by selling her short at that point,” said Mundwiller.  “I think they recognized that risk and did the right thing by taking care of it and not subjecting their own client to an uncovered judgment”.

Driver receives $200K settlement after Cooper County crash, Missouri Lawyers Weekly, May 1, 2017

Dump Truck Company Settles Crash for $750,000.00: Lincoln County, Missouri

Plaintiff was traveling southbound on Missouri Highway 47, and Defendant was driving a dump truck traveling eastbound on Route U. Defendant reached the intersection of Route U and Missouri Highway 47 then proceeded to attempt to cross Highway 47 and continue on eastbound Route U. At this time, Defendant’s dump truck entered directly in the path of Plaintiff’s motor vehicle. In order to avoid colliding with the dump truck, Plaintiff swerved, traveled off the right side of the roadway and struck an embankment.

Plaintiff alleged Defendant’s driver left the scene of the crash and returned thereafter in another motor vehicle because of the dump truck’s failure to comply with Federal Regulations. Defendant denied these allegations, stating their driver parked the dump truck very near the location of the crash.

Plaintiff was transported from the crash site to an area hospital via ambulance. Thereafter, Plaintiff underwent physical therapy and several injections to her lumbar spine. In January of 2016, Plaintiff underwent a lumbar spinal fusion/

Plaintiff alleged the Defendant failed to keep a lookout while operating his dump truck, and failed to yield the right-of-way to Plaintiff traveling on southbound Highway 47. Furthermore, Plaintiff alleged punitive damages against the Defendant relating to lack of supervision, training, and violations of Federal Motor Carrier Safety Regulations. Defendant alleged Plaintiff was careless and negligent in failing to keep a careful lookout, stop, slow, or take evasive actions in reacting to Defendant’s dump truck entering the roadway.

The parties agreed to settlement prior to trial of the case. “We solved it really early in the case,” said Cagle according to the Missouri Lawyer Weekly, 5/1/17  “We did an initial demand on the case, they made an offer. We had some discovery disputes,” he said. “When the discovery disputes were resolved, prior to depositions, we reached a settlement agreement” said Cagle.

$300K Motor Vehicle Accident Settlement-Confidential

Plaintiff was injured in rear-end accident at an intersection in St. Louis County.  Immediately after the crash, Plaintiff experienced neck pain and sought treatment at an area hospital.  Plaintiff eventually underwent surgery. Plaintiff’s attorney did an initial demand for the applicable policy limits which were $25,000 and in exchange for said payment would completely release Defendant for any further liability. Defendant’s insurer refused asserting the fact that there were multiple other claimants.

Plaintiff filed suit and Defendant’s insurer thereafter offered $25,000 which was rejected by Plaintiff. Additional negotiations were subsequently conducted and Plaintiff offered to settle for $500,000. Defendant’s insurer rejected but offered $150,000 and requested a mediation.

During mediation, Plaintiff and Defendant’s insurer agreed to a settlement of $300,000.00 for Plaintiff.

Mother Obtains $1,508.500.00 Settlement for Son Killed In Westport

In the early morning hours of May 30th 2014, 28 year-old Derek Mael and his passenger were looking for parking spot in the Westport area of Kansas City, Missouri. While attempting to locate a space, Mael and his passenger became involved in a verbal exchange with two bicyclist.  Mael and his passenger proceeded down the street and located a parking space when the bicyclists returned on foot and a physical altercation between the four men started. A witness reported that Mael was “knocked out” by one of the bicyclists and was last seen lying in the prone position in the middle of 42nd Street.

Meanwhile, a car driven by Defendant was traveling eastbound on 42nd Street. Defendant topped a slight his at the location where Mael was lying unconscious. Thereafter, Defendant continued eastbound on 42nd Street southbound to Broadway Boulevard before stopping his vehicle.  Once the parties involved in the altercation realized Mael’s body was missing, the altercation ended. As Mael was no longer present in the roadway, his passenger and a local business employee begin running in pursuit of the blood trail present on 42nd Street to southbound Broadway Boulevard.  After following the blood trail nearly three blocks, they discovered Mael’s body entangled in the undercarriage of Defendants’ motor vehicle.

Defendant admitted to the reporting officer at the accident scene that he had been drinking.  Defendant stated to reporting officers that the had noticed a body in the roadway but didn’t know it was a body at the time.  He further noted that he did not have time to avoid or get out of the way and then his motor vehicle felt like it was performing differently when he turned onto southbound Broadway Boulevard.

After the incident, Defendant was given a field sobriety test and blood alcohol test which indicated his BAC was in excess of the legal limit.  Investigators also found half-empty alcohol containers in Defendant’s car.  Plaintiff survived the incident and was transported to a local hospital with life-threatening injuries.  He later died on June 6 due to blunt force trauma injuries to his head.  Plaintiff was a graduate of Shawnee Mission North High School and worked at an area hardware store.

Mael’s mother brought a lawsuit alleging Defendant was negligent by failing to keep a careful lookout, striking and dragging her son with his motor vehicle which directly caused or directly contributed to cause of his death.

The Plaintiff settled with the Defendant’s insurance company, Auto Owners Insurance  for the applicable policy limits of $1,500,000.00. As well, Plaintiff obtained settlements through AAA Insurance in the amount of $8,500.00

Cagle praised the Kansas City Police Department, “The police department’s collection of evidence was superior to that usually seen in pedestrian death cases. The KCPD collection of evidence really helped us make the case”.

Clifford K. Wells of Herman & Wells in Petersburg, Florida represented Plaintiff with Zane T. Cagle of The Cagle Law Firm.

Zagler, A.S. Mother of man dragged under car settles with driver. Missouri Lawyers Weekly 8/5/15.

St. Louis City Car Accident Settlement, $100K, Policy LImit

On westbound Interstate 64-40, Plaintiff was struck by Defendant when she attempted to change lanes on I-64. Upon impact, Plaintiff’s motor vehicle was pushed into the car in front of him.  As a result, Plaintiff suffered a neck injury and reported to the emergency room the day of the crash.  Subsequently, Plaintiff incurred medial expenses as he continued to treat for the neck injury.  A jury trial was set and parties mediated prior to trial.