2008
Case Filed in St. Louis County
AUTO (PICK-UP TRUCK) COLLISION WITH DETATCHED TRAILER
CLIENT v. TRIPLE V MOTELS, INC , V&R MOTEL, LLC THEIR EMPLOYEE DRIVER.
INSURER WAS FIREMEN’S FUND
PLAINTIFF’S ATTORNEY: ROBERT H. PEDROLI, JR.
TYPE OF CLAIM: Plaintiff was driving to work in the inside lane of I-270 near Mckelvey Rd. in Nov. 2006, when he struck a flat bed trailer that was stopped partially in the inside lane as a result of becoming detached from the hitch of a Ford F-250 truck after a flat tire on the Ford. The towing truck was on the opposite shoulder by the outside lane and slightly further down the road. . The trailer had no operating lights after becoming detached. The accident occurred at night.
Defendant claimed that plaintiff failed to keep a careful lookout as two other vehicles had seen and avoided the trailer. Defendant also claimed that there was no negligence and the hitch was the proper size. Defendant also disputed the nature and extent of the plaintiff’s injuries.
Plaintiff asserted that the defendant driver and several other employees got out of the Ford and ran down the outside (opposite) shoulder waving to alert drivers of the trailer on the opposite shoulder and this momentarily distracted plaintiff from the road, and at a speed of 60mph (which is about 90 feet per second) this distraction reduced the chance for plaintiff to see the stranded trailer. Plaintiff also asserted that the defendant was negligent by exceeding the posted speed limit which was established through obtaining a recorded statement from the driver shortly after the accident. This fact caused the trailer to become detached when the flat tire occurred. Plaintiff also asserted that the driver should have immediately pointed the F-250 at the stranded trailer and shined the highway beams at it to illuminate it during the emergency situation that was created by his conduct.
DAMAGES/INJURIES ALLEGED: Plaintiff sustained: left cuboid fracture with ligamentous injury to the arch of the foot and crush injury to the first tarsal metatarsal joint and left ankle sprain; right foot crush injury with ankle sprain; and multiple soft tissue injuries and scrapes. Plaintiff underwent two operations, including the placement of hardware in the left foot and an arthroscopic clean out of the right ankle (after one year). Plaintiff incurred about $65,000 in medical bills and may require future removal of hardware if it becomes a problem. Plaintiff incurred lost wages in the amount of $22,500. Plaintiff will probably develop arthritis in left foot and will require shoe inserts. Plaintiff is back to work without restrictions other than to protect his feet. Plaintiff will take analgesic medications as necessary.
SETTLEMENT: $675,000.00,($500,000 CASH AND A STRUCTURE THAT WILL PAY $1,150 A MONTH FOR 20 YEARS
COMMENT: This very successful settlement was the result of aggressive attorney work up shortly after the accident including statements, investigation and insuring that evidence and adequate photographic evidence was obtained. Attorney communicated closely with treating physicians and obtained thorough reports and medical literature about the injuries and prognosis for client. All information was used in negotiations, and the case was settled early eliminating the stress of litigation for everyone. When you show you are ready for trial at an early date, reasonable conduct will follow. The client was extremely satisfied with the resultand the process.
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