A motorcyclist who sustained brain injury when a tractor-trailer crashed into him in Missouri has settled his case for $6.5 million, according to a press release
The motorcyclist had filed suit in St. Louis against Allied Systems Ltd. and its truck driver. The driver, who was both the owner-operator of a tractor-trailer and an employee of Allied, on May 1, 2005 drove to a repair shop to have the brakes on his tractor replaced.
When he arrived, the shop was closed. The driver then proceeded to pick up a load that Allied had dispatched him to earlier that morning.
En route, the tractor-trailer crashed into the back of a motorcycle that was allegedly slowing or stopped on the highway in Benton County, Mo. The 48-year-old motorcyclist suffered permanent brain damage as a result of the crash.
In his lawsuit, the motorcyclist alleged that the brakes on the tractor-trailer were defective and that both the driver and the trucking company, as the driver’s employer, were liable.
The motorcyclist was represented by lead counsel John Page, who said, “Ultimately we were able to resolve this case for an amount that will help our client make up for the harms and losses he and his family suffered as a result of this crash.”
The trucking company filed for bankruptcy in Georgia, forcing the motorcyclist’s attorneys to obtain permission from the bankruptcy court in Georgia to proceed in the Missouri personal injury case. Once the bankruptcy judge granted permission, a St. Louis City Circuit Court judge transferred the case to Benton County, Mo.
The driver’s insurance carrier agreed to settle for $1 million. Allied denied the driver was acting in the course and scope of his employment at the time of the crash. The case was mediated by Judge Corrigan in St. Louis.
The highest offer at mediation was $1.8 million. During the trial, Allied offered $2.5 million, which the motorcyclist refused. As the trial progressed, Allied offered $3.5 million, which was also rejected. During the second week of trial, Allied offered to settle for $5.5 million in new money. The motorcyclist accepted this offer to settle in addition to the driver’s $1 million policy for a total of $6.5 million.
“We put a significant amount of time and effort into obtaining this result for our client. Five years was a long time to be working on the case,” Page said. “Ultimately we were able to resolve this case for an amount that will help our client make up for the harms and losses he and his family suffered as a result of this crash.”
Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justiceg@gordonjohnson.com
:: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.