Cagle Law Firm

Jury Verdict for Plaintiff of $525,000- St. Louis City

Scott McPherson, Jr. was traveling on his Suzuki motorcycle on southbound Gravois Road at approximately 6 p.m. on a Friday evening in June. He approached the intersection of Gravois and River Des Peres where his motorcycle collided with defendant’s Chevrolet Trailblazer driven by Matthew Lickenbrock on northbound Gravois.

Plaintiffs’ alleged that defendant failed to yield the right-of-way and made a left turn in front of decedent’s motorcycle, causing a collision. Scott McPherson, Jr. was thrown from his motorcycle and died the same day as a result of the injuries he sustained at the age of 19 years old. McPherson was a former graduate of Bayless High School. Scott’s sister was behind him in traffic on Gravois, following him as she was assisting him in moving his possessions to a new residence. His sister witnessed the accident and death of her brother.

The defendant, Matthew Lickenbrock and his wife and children did not sustain any injuries in the crash when the front end of the Chevy Blazer came in to contact with Scott’s motorcycle.

The defendant claimed he never saw or heard Scott McPherson and his approaching motorcycle at the intersection of Gravois and River Des Peres. The defendant was in the process of making a left-hand turn off of Gravois to proceed onto River Des Peres. It was not contested that the light was a solid green for both drivers. Scott McPherson was attempting to travel through the intersection on a solid green light when the collision occurred.

Three of four eye witnesses testified that Scott McPherson was speeding immediately prior to the crash. Two of the independent eye witnesses testified that McPherson was traveling between 60-80 mph in a 30 mph speed zone prior to the crash.

Stan Oglesby was the expert witness for the defendant. Mr. Oglesby testified McPherson was traveling near 50 mph prior to beginning to brake just before the crash. Dr. Kamal Sabharwal, coroner, testified to Scott McPherson’s cause of death as blunt chest trauma.

No special damages were entered by plaintiff. McPherson was an adult, unmarried and without dependent children. After a five day trial, the jury returned a verdict for plaintiff of $525,000 with contributory negligence of plaintiff of 59.5 percent and 40.5 percent for defendant.

W.C vs. G.S. D.

$400,000 TRACTOR TRAILER ACCIDENT
A settlement was reached in the amount of $400,000 during mediation for injuries sustained when a man who was a passenger in a tractor trailer was thrown from the tractor trailer in an accident. Plaintiff was a passenger in a delivery truck that veered from the interstate and crashed.  Plaintiff alleged that the tractor trailer’s lack of tire tread caused the driver to lose control and crash and that the trucking company was aware that the tire did not meet tread requirements prior to the crash and failed to remedy the problem. Thus, the Plaintiff made claims for damages against the Defendant for willful violation of the Federal Regulations.

The Defendant’s insurance carrier agreed to Plaintiff’s $400,000 plus remaining medical payments in the amount of $8,779.00 and taxable court costs incurred to that date.

T.S vs. L.B

$125,000 MOTOR VEHICLE ACCIDENT-JURY TRIAL
Plaintiff was rear ended in a motor vehicle crash  and sought treatment with her family care physician the next morning. As the days progresses, she developed pain in her neck and it was discovered by her orthopedic surgeon that she had disc bulges at the C4-5 and C5-6 .  After conservative treatment and exhaustion of all non-surgical remedies, it was determined that only surgery would be beneficial-a two level anterior discectomy at C4-5 and C5-6.

Plaintiff did not present evidence of past medical bills or loss wages, but only submitted costs of the the possibility of a future neck surgery. Her family physician stated Plaintiff denied neck pain the day after the crash, but her orthopedic surgeon discovered disc bulges at two levels.

St. Louis County jury voted unanimously to award plaintiff $125,000.

S.D.L. v. L.P.

$350,000 MOTOR VEHICLE ACCIDENT SETTLEMENT

Plaintiff was involved in a car accident on her way home from work. As she entered an intersection, a car driven by Defendant made a left turn, causing the two vehicles to collide. Plaintiff alleged that she had a green light and Defendant failed to yield the right of way. Defendant claimed she was not at fault because Plaintiff negligently changed lanes quickly and thus caused the collision.

As a result of the crash, Plaintiff sustained a left scaphoid fracture, but she waited eight days to seek medical treatment of her fracture and 20 days to seek treatment of her neck injury. She developed neck pain, bi-lateral arm pain and bi-lateral thumb pain and was diagnosed with cervical disc herniation at C4-5 and C5-6 and bi-lateral carpal tunnel. Plaintiff’s medical bills totaled $111,877, and she claimed no lost wages.

The case was set for trial  in St. Louis County, but the parties agreed to a pre-trial mediation. The parties attempted to mediate the case but were unsuccessful.  Approximately a week after mediation the parties entered into a settlement for $350,000.

M.O. v. Larry Thrasher and Heartland Food Management d/b/a Pizza Hut

$300,000 SETTLEMENT AFTER NO-DAMAGE CAR ACCIDENT WITH PIZZA DELIVERY DRIVER

Plaintiff was a passenger in an SUV that was rear-ended by a Pizza Hut delivery driver in Caruthersville, Missouri. The motor vehicle accident caused no property damage to either vehicle. Plaintiff alleged that the accident caused a neck injury, and her medical bills totaled approximately $105,000.

The Pizza Hut delivery driver indicated that he was paid a flat fee for each delivery and that the accident resulted from his hurry to deliver pizzas. Plaintiff asked for both actual and punitive damages because Pizza Hut’s policy of rewarding drivers for each delivery encouraged reckless driving.

Defendant argued that Plaintiff’s injuries were pre-existing, citing evidence of an emergency room visit nine days prior to the crash in which Plaintiff complained of neck and shoulder pain. Defendant also argued no injury could have resulted due to no property damage to the vehicles. After the car crash, Plaintiff was evaluated at the emergency room again and ultimately underwent a cervical fusion. Subsequent to her surgery, Plaintiff was involved in a second car crash which complicated her permanency arguments against the Defendant. An expert for Defendant also opined that the accident could not have caused Plaintiff’s injuries due to the low speed.

After a case was filed in the Circuit Court of Pemiscot County (Missouri), an out-of-court settlement was negotiated in mediation. Plaintiff settled for $300,000.