Missouri Lawyers Weekly
October 6, 2006
Fast delivery proves expensive for Joker's Pizza
Driver also pays after plaintiff suffered collapsed lung, broken ribs
Mike Nixon
An Oak Grove, Mo., man was severely injured in a crash with a pizza delivery driver reached a $1 million settlement with the driver and pizza business.
Carl Lemen, 55, was driving from his home to church at 6 p.m., Aug. 31, 2005, when his Chevrolet pickup truck was struck by a Hyundai Elantra driven by Brett Frischer, 20. Frischer ran a stop sign at Highway F and Parrent Road, south of Oak Grove.
Frischer had just completed a volunteer pizza delivery for Joker's Pizza, a business owned by his parents, and said during testimony that he did not see the stop sign until he was upon it because of excessive overgrowth. However, a report by the Missouri Highway Patrol said the sign could be clearly seen for 200 feet.
Frischer claimed he attempted to stop, but slid into the intersection and crashed into the side of Lemen's pickup truck. Lemen's truck was overturned and he was thrown from the vehicle.
A reporting officer for the Missouri Highway Patrol measured 51 feet of skid marks left by Frischer's vehicle. It was also noted that weather conditions were clear and dry.
As a result of the crash, Lemen suffered multiple spine fractures, broken ribs, a broken collar bone and a collapsed lung. The permanent injuries forced Lemen to give up his work as a farrier, equine manager and journeyman meat cutter.
The plaintiff presented evidence that placed economic damages at a range between $564,319 and $621,803.
The case was resolved during mediation, with Frischer responsible for paying $100,000 and Joker's Pizza paying $900,000 of the $1 million settlement.
“I think it was a fairly clear liability case,” said plaintiff's lawyer Brett Emison. “There was an issue early on regarding employment [since Frischer was not a salaried worker for the family business] and whether coverage would apply, but that went away pretty quickly and wasn't contested. I think this case was more valuable than many because of the severity of the injuries.”
“It was a pretty straightforward accident with a pretty significant injury. It was not like we could claim pre-existing conditions. It was a good plaintiff's case,” said defense lawyer Keith Schieber.
© Page 20 - Missouri Lawyers Weekly - 950
