| Donna Goodwin, et al v. David Talbott, et al | |
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Style of Case: |
Donna Goodwin, et al v. David Talbott, et al |
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Client: |
Empire Indemnity Insurance Company |
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Our File Number: |
6061.09449 |
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Date of Trial: |
December 14 - 16, 2004 |
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Court: |
Circuit Court of St. Clair County, MO |
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Cause Number: |
03CV665827 |
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Judge: |
The Honorable William J. Roberts |
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RPS lawyers who tried this case: |
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Case Details |
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| Relatives of a woman sued a tractor-trailer
driver, his employer and the owner/operator of a tractor pulling a
low-boy trailer. The tractor-trailer driver (vehicle A) was northbound
on Highway 13 in dense fog, near Collins, Missouri when he swerved to avoid
a disabled low-boy trailer (vehicle B) which was blocking the highway after
being involved in an accident with a northbound motorist. The
tractor-trailer (vehicle A) struck plaintiffs' decedent, who was crossing
the road to assist the injured northbound motorist, whose automobile came to rest on the east shoulder. The tractor-trailer driver (vehicle A) testified he was going northbound at 40 mph and could only see 6 to 7 car lengths in front of him due to dense fog. When the tractor-trailer driver saw the tractor/low-boy (vehicle B), he swerved to the right shoulder to avoid the tractor/low-boy. He then swerved back into the northbound lane to avoid the automobile on the east shoulder. Plaintiffs' decedent ran from behind a stopped southbound cement truck into the northbound lane of the tractor-trailer (vehicle A) when the tractor-trailer struck and killed her. The tractor-trailer was skidding and left 59.7 feet of skid marks before and 303.5 feel of skid marks after striking the decedent. Plaintiffs alleged that the tractor-trailer driver (vehicle A) was driving too fast for the conditions and that he violated Federal Motor Carrier Safety regulations regarding driving in fog. Plaintiffs also alleged that the tractor/low-boy (vehicle B) failed to yield the right of way. The tractor-trailer driver (vehicle A) and his employer alleged that plaintiffs' decedent failed to keep a careful lookout in crossing the highway. Plaintiffs' decedent lived for 15 to 20 minutes. Plaintiffs' economist testified that the decedent's minor child had a present value economic loss of $233,573 to age 18 and $277,705 to age 21 as a result of the death of her mother, who was employed as a waitress at a local restaurant. The defendant truck line driver/employer disputed those figures and called its own economist who testified the present value of the economic (income) loss was $75,000 or less. In closing arguments, plaintiffs argued that the tractor-trailer driver (vehicle A) was driving too fast and should have pulled off the road prior to the accident site and that the accident was 100% of the fault of the tractor-trailer driver and his employer and the jury should award plaintiffs $1,250,000.00 in damages. Dan Rabbitt, counsel for the tractor-trailer driver/employer argued that all three parties were to blame and the jury should allocate fault 1/3 to each and a proper gross award should be around $300.000. At the conclusion of the three day trial, the jury, after deliberating for 4 hours, returned a 9 to 3 verdict for plaintiffs, finding plaintiffs' decedent, the tractor/low-boy owner/operator (vehicle B), and the tractor-trailer driver/owner (vehicle A) each 1/3 at fault and assessed plaintiffs' total damages at $350,000. Plaintiffs settled with the tractor/low-boy trailer owner/operator (vehicle B) prior to trial for $75,000 but that defendant remained in the case for trial. After deducting plaintiffs' decedent's percentage of fault and the $75,000 prior settlement, the Court entered judgment against the tractor-trailer driver (vehicle A) and his employer in the sum of $158,333.34 and satisfied the judgment when plaintiffs decided not to appeal. |
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| Last Demand: | $950,000 |
| Last Offer: | $500,000 |
| Verdict: | $158,333.34 net verdict after allocation of fault |