2008
Case filed in the city of St. Louis
AUTO / DANGEROUS ROAD (TRAFFIC ENGINEERING CLAIM)
Client v. R.V. WAGNER and a local city (confidential as to which city)
Plaintiff’s Attorney: Robert H. Pedroli, Jr.
Type of Claim: Road opened after alterations but prior to completion of alterations to all legs of the 90 degree intersection, which alterations were necessary to make the road safe for the flow of traffic. On one side of the intersection there was a lane reduction from two lanes to one lane with the building of a concrete median. . On the other side of the intersection the lines were not changed to reduce traffic flow from two lanes to one thru lane. Client hit large concrete median at night in rain as she traveled through the intersection in the inside lane as it had existed by decades. There were not warning signs in place regarding the lane reduction. There was a dispute about whether the street lights were working at the time. We proved that the road, as opened violated the Manual on Uniform Traffic Control Devices (MUTCD). The case settled against the municipality as well as the general contractor.
Defendant disputed the permanency of plaintiff’s alleged injuries and alleged that the road was proper and plaintiff failed to keep a proper lookout..
Damages/Injuries Alleged: Client sustained a non-displaced thoracic vertebrae fracture, and worn a brace for months,but surgery was not required. Medical bills about $33,000 and lost wages about $13,000. Client able to return to full duties and is expected to have intermittent aches and pains.
SETTLEMENT: $158,605.00, shortly prior to trial. No offers were made prior to depositions of traffic engineers for sub-contractors.
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