Verdicts & Settlements

The excerpts below represent the facts in actual cases we have handled. Although these summaries are factual, the names of some of the parties have been changed or abbreviated to protect the confidentiality of clients, minor children, or in some cases to comply with confidentiality agreements.

Wrongful Death Case – Tolbert, Beadle & Musgrave Negotiates $1.1 Million Settlement

Estate of T. Williams v. S. Wallace; Greene County, Missouri

A 37-year-old single mother of four, who was wearing her seat belt, was rear-ended by a drunk driver. Her car was pushed into oncoming traffic, and she died at the scene. Insurance for the defendant (the drunk driver) initially denied payment of umbrella coverage due to insurance policy exclusion. After clarification of the law and negotiation by our firm and insurance attorney, the case was settled for $1.1 million, an amount that included the umbrella policy originally denied by carrier.

Multiple Semi-Trucking Accident & Workers’ Compensation

C.E.C v. Livraison Rapide Paquin, Inc., et al.

Federal District Court, Western District of Oklahoma, Oklahoma City, OK

Confidential Settlement

A 49-year-old career truck driver was seriously injured when a driver for a Canadian trucking company drove into the rear of his semi on I-44 in Oklahoma during an over-extended trip from Canada to California. The client was off duty in the sleeper berth while his co-driver operated the truck. When the fully loaded Paquin truck and trailer struck from the rear, the force of the collision threw the client into the windshield, causing him to sustain a severe injury to his brain and cranial nerves as well as multiple orthopedic injuries. The client filed suit in federal court in Oklahoma to obtain jurisdiction over the foreign corporation. The lawsuit involved many complex legal issues, including suits against foreign entities and international law, electronic discovery issues in a trucking case, and wrongful destruction or spoliation of evidence.

$93,500.00 Settlement for Disability Benefits in Workers Compensation Claim

In addition to money damages recovered from the negligent trucking company, C.E.C. brought an action to recover workers’ compensation benefits against his employer.

Wrongful Death – Pedestrian Struck by Car

In re the heirs-at-law of D.L.M. v. B.R.D, a minor, et al.

Circuit Court of Clay County, Liberty, MO

Circuit Court of Lawrence County, Mt. Vernon, MO

Confidential Settlement With One Defendant

$1 Million Judgment As to Remaining Defendants

D.L.M., a 17-year-old, was killed while walking home from his girlfriend’s home. Angry at her boyfriend, the girlfriend used her parents’ vehicle in an attempt to scare D.L.M. The girlfriend claimed to have lost control of the vehicle and accidentally struck D.L.M. at a high rate of speed. He died at the scene of the accident, leaving behind his mother, father, and his twin brother. The girlfriend left the scene of the accident and later tried to hide the accident, claiming that the damage to her parents’ vehicle was from striking a fence. D.L.M.’s parents brought a lawsuit against the girl for the wrongful death of their son. They also sued her parents for negligent entrustment of the vehicle to her, when it was learned that the daughter should not have been given the keys due to multiple prior traffic violations.

Wrongful Death – R.V. Accident with Tractor-Trailer and Highway Department Truck

In re the heirs-at-law of W.B.K v. Schneider Trucking, Missouri Highway Comm. (MoDot), et al.

Circuit Court of Jackson County at Kansas City, MO

Confidential Settlement with two Defendants

$695,000.00 Judgment As to Remaining Defendants

W.B.K., a passenger in a recreational vehicle, was severely injured when the R.V. struck the back of a slow-moving MoDot truck, which was the tailing truck of a paint-striping operation. The accident occurred after the driver of a Schneider tractor-trailer passed the R.V. at a high rate of speed, then cut off the R.V. The driver of the R.V. was then blocked from seeing the slow-moving MoDot truck ahead. At the last possible moment, the Schneider truck driver negligently jerked his wheel and changed lanes, leaving the vulnerable R.V. no time to avoid striking the MoDot truck. The R.V. rolled over as it left the highway. W.B.K. sustained injuries. After a six-month hospital stay, she died as a result of her injuries. Her survivors reached confidential settlements with Schneider and the driver of the R.V. They later brought suit for negligence against MoDot when it was learned that it had violated its own internal safety policies by placing the slow-moving truck with a directional arrow in the lane of travel instead of placing it on the shoulder where it would be more visible and safer to oncoming traffic.

Trucking Accident – Neck and Back Injury Developed into Fibromyalgia

J.M.W. v. Elm Transit Company, et al.

Circuit Court of Jackson County at Kansas City, MO

$640,000.00 Judgment

A daycare van operated by a 39-year-old driver was rear-ended by a semi tractor-trailer and forced into the traffic ahead of his vehicle. He sustained a moderate back-and-neck injury and later developed fibromyalgia, a chronic pain syndrome characterized by persistent muscle, joints, or bone pain and fatigue. Believed to be a genetic predisposition in some people, an onset of fibromyalgia symptoms can occur after trauma.

Trucking Accident – Struck from the rear on Illinois Interstate

J.L.H. v. Worrel Transport, Inc., et al.

Circuit Court of Wright County, Hartville, MO

$425,000.00 Judgment

A 41-year-old woman was injured when her vehicle was struck from the rear by a tractor-trailer. She sustained injuries to her cervical spine resulting in a discectomy and a failed neck fusion surgery. J.L.H. was an unrestrained passenger in her vehicle at the time of impact, and as a result she suffered pericarditis (bruised heart). She also suffered from fibromyalgia.

Auto Accident – Defendant Driving While Intoxicated

R.S.F. et al. v. Robert M. Heising, et al.

Circuit Court of Lawrence County, Mt. Vernon, MO

$525,000.00 Arbitration Award

R.S.F. and others were injured when a drunk driver crossed the center of the highway, struck their vehicle and forced it off the roadway. Just prior to the collision, the defendant had left a bar, where he had been drinking, in his own words, “a lot.” He later tested with a blood alcohol content of .159 and was arrested for DUI. The injuries included a fractured arm and cervical disc injury and fusion surgery.

Trucking Accident – Driver Illegally Parked in Blind Spot of Highway Entrance Ramp

M.S.S. v. New Prime, Inc., et al.

Circuit Court of Greene County, Springfield, MO

$287,000.00 Settlement

A 29-year-old career Army soldier sustained a fractured pelvis in a trucking accident when the driver of his car served to miss a Prime semi truck that was illegally parked on a highway entrance ramp. When the driver swerved, he lost control and spun onto the highway and into the path of oncoming traffic. The vehicle was struck, resulting in a multi-vehicle collision. The client filed a lawsuit against Prime Trucking when it was learned that the company’s driver had experienced multiple mechanical failures prior to stopping on the highway entrance ramp. The driver had been instructed by the company to continue operating the truck, knowing it was not safe to do so. The Prime truck eventually broke down on a dangerous, blind curve.

Dangerous Premises – Hotel Left Dirty Syringe in Room, Patient Stuck in Foot

D.J.B. v. T.L.I., et al.

Circuit Court of Greene County, Springfield, MO

Confidential Settlement

D.J.B., a 42-year-old registered nurse who was visiting the Springfield-Branson area with her husband, decided to stay at a local hotel that was close to the Bass Pro Shop. The next morning, as she pulled the iron and ironing board from the closet, a hypodermic syringe fell out of the ironing board and stuck in her foot. Later testing found the syringe to contain illicit drugs. D.J.B. later contracted hepatitis C, an incurable form of the disease, thus ending her nursing career. The defendant later accused the client of using drugs in an attempt to avoid responsibility. When that failed, the defendant also alleged that she had contracted the disease through her work as an R.N. D.J.B. brought a negligence lawsuit against the hotel owners and against the national franchise it was affiliated with, alleging that the hotel cleaning staff was not able to clean the rooms properly because of pressure from the management to complete the cleaning of rooms more quickly. The staff was forced to ignore well-known and established standards for hotel safety. Had the hotel followed customary standards, the syringe would have been discovered and removed from the premises.

School Negligence – Failure to Supervise and Keep Child Safe

R.B., a minor v. McDonald County School District

Circuit Court of McDonald County, Pineville, MO

$100,000.00 Settlement

School staff and the teacher failed to properly monitor R.B., a small child, as he played on the “monkey bars” and fell, suffering a closed-head injury. After short-term treatment and monitoring, the case was settled and the money placed into a trust fund for R.B.

Product Defect – Negligent Repairs

R.S. v. M & S Motors

Circuit Court of Pulaski County, Waynesville, MO

$180,000.00 Settlement

R.S. purchased a used recreational vehicle from M & S Motors. M & S made multiple attempts to correct a transmission problem. Subsequently, R.S. was injured when the R.V. began to roll, and he attempted to stop the vehicle. He was pinned between the R.V. and a tree. R.S. suffered multiple fractures and a collapsed lung.

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