Cagle Law Firm

Truck Accident Settlement of $310,000.00 in Jasper County, Missouri

Plaintiff was a front seat passenger in a Ford E150 van involved in a motor vehicle accident on Friday June afternoon around 12:24 pm. at the intersection of Missouri 1717 and Business 71 in Webb City, Missouri.

The van, driven by plaintiff’s father was at a stop light at the intersection when the he noticed a Jeep Wrangler operated by Defendant Phillips.  The father/driver claimed to have seen the driver of the Jeep with her head down using a cell phone as her Jeep came head on towards their vehicle at the intersection.

Two witnesses that were not named on the police report claimed the semi-truck traveling in same direction as the Jeep made a partial swerve into the lane of the Jeep causing the driver of the Jeep to cross into oncoming traffic. All parities agreed the semi-truck did not make any contact with any vehicle.  The truck driver claimed he never swerved and only attempted a lane change after being approximately three tractor-trailer lengths from the intersection.

There was not significant property damage done to either the Jeep or the plaintiff’s vehicle.

Plaintiff refused treatment at the scene but later in the day wen to an urgent care facility  with neck discomfort. Subsequently, after conservative medical care failed, he had a two-level cervical surgery–one level anteriorly and one level posteriorly.  Plaintiff had a previous low back surgery. Parties reached a settlement of $310,000 prior to trial during mediation.

Andrew Mundwiller of The Cagle Law Firm represented the Plaintiff.

Zagler, A.S. Van passenger settles with many parties over crash. Missouri Lawyers Weekly 8/3/15

Policy Limit Settlement $250,000 in Rear-End Collision, Kane County, Illinois

On September afternoon in Itasca, Illinois, the plaintiff from New Bedford, Texas was traveling in a van operated by a hotel employee.

Plaintiff was a guest of the hotel at the time and was being transported as a guest as he was in town for a conference.   While at the stop light northbound on Rohlwing Road at the intersection of Bryn Mar Avenue, the defendant driving a 2004 Saturn Vue northbound rear-ended the hotel van with such force as to push it into the cross street of Bryn Mar Avenue.

According to reports, the van sustained very little property damage and the defendant testified she was traveling no more than 12 mph.

Plaintiff testified he made complaints of neck pain to the responding police office, however, the police officer testified the plaintiff did not make any complaints of injury.

Prior to the crash, the plaintiff had already undergone surgery on his neck and had a pending worker’s compensation case in Texas arising from the indident.  The insurer for the compensation carrier had the plaintiff evaluated and the doctor had given the opinion the plaintiff’s injury, if any, was pre-existing and not related to the September crash in question.

The case settled for the policy limit of $250,000 in Kane County, Illinois.

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.

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

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.