Man killed in accident with 18-wheeler
Defendant claimed brakes failed
$1 Million Settlement The surviving family of an 85-year-old man, who was killed when a tractor-trailer collided with his pick-up truck, has settled their Jackson County wrongful death case against a semi-truck company and driver for $1.0 million.
"This case shows, and I think jury verdicts will back me up, that juries will award significant damages to people who are in their 70's and older," Lexington, Mo., plaintiff attorney J. Kent Emison said.
Emison, who represented the decedent's widow and three adult children in their lawsuit, said that the fact that the driver plead guilty to criminal charges of careless and imprudent driving was a major factor in the settlement.
Furthermore, the plaintiffs could show that Mr. Hawkins lived for six hours after the accident and underwent significant pain and suffering during that time.
On January 6, 2004, Earl L. Hawkins of Carrollton, Mo., was driving his 1995 Dodge 1500 pickup eastbound on Missouri Highway 20 at the intersection with Highway 23 when the collision occurred.
The driver of a 2000 Sterling Conventional tractor ran a stop sign at the intersection and struck the decedent's pickup, killing him. The 18-wheeler truck was driven by an employee of Premier Distributing, Inc.
The driver of the tractor and semi-trailer claimed that the brakes of the tractor failed to work properly but no evidence was presented at the time of the settlement.
Premier Distributing Inc., a Mount Vernon, Mo., based company, agreed to settle the case for the $1.0 million policy limit of its liability insurance.
Premier Distributing Inc. had been leasing the tractor from an entity whose identity has been withheld. While the plaintiffs investigated a potential claim against the lessor of the tractor for the alleged brake failure, the plaintiffs did not take action because of insufficient evidence.
Type of Action: Wrongful Death
Injuries Alleged: Death
Court/Case Number/Date: Jackson County Court, Division 16/04CV2101102/May 11, 2005
Caption: Mary E. Hawkins, surviving spouse of Earl L. Hawkins v. Steven W. Hayes and Premier Distributing, Inc.
Judge, Jury or ADR: Jury
Name of Judge: Marco A. Roldan
Verdict/Settlement: $1.0 million settlement
Special Damages: N/A
Allocation of Fault: N/A
Settlement Date: May 11, 2005
Last Demand: N/A
Last Offer: N/A
Attorneys for Plaintiff: J. Kent Emison and Daniel L. Allen, Langdon & Emison, Lexington, Mo.
Insurance Carrier: Auto-Owners Insurance
Plaintiff's Experts: N/A
Defendant's Experts: N/A
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