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Trucking News
It used to be simple when dealing with traffic tickets that were issued to commercial drivers. We would simply tell the driver to plead NOT GUILTY
and then “negotiate” a plea arrangement where the driver would be placed on “court supervision” for 30 or 60 days. If the driver successfully completed
his “court supervision” without obtaining any additional tickets or convictions, the traffic ticket would not appear on his record. There would be no
record of a conviction and no reporting to the Secretary of State. As a result, when the driver’s MVR is examined, there is no record of the ticket
or the accident.
Illinois, and other states, have recently amended their laws to close this loophole and make sure that the plea arrangement and “conviction with
court supervision” appears on the driver’s record. This not only has the consequence of a traffic conviction on the MVR, it can also operate to
disqualify the driver if he has additional tickets. In Illinois, if a commercial driver is convicted of two “serious traffic violations” within
a three year period, he is disqualified from operating a commercial motor vehicle for a period of two months. Under Illinois law, a “serious
traffic violation” can include “improper lane change”, “following too closely”, or driving in excess of 15 m.p.h. over the speed limit. Also,
keep in mind, that if the driver obtains a ticket in his personal auto, it counts if it is a “serious traffic violation.”
In March 2006 the FMCSA published its long awaited “Crash Causation Study” wherein 141,000 accidents over a 33 month period were studied
involving tractor-trailers. The study found that passenger vehicles were the “critical reason” for the crash in 56 percent of all accidents
involving two-vehicle collisions with a truck. The most common “associated factors” for both truckers and passenger vehicles were driving too
fast for conditions, making an illegal maneuver, legal drug use, unfamiliarity with the roadway and fatigue. It is interesting to note that
“fatigue” was found to be a “factor” in the crash for the passenger vehicle driver twice as often as for the truck driver.
For those of us who practice in Missouri and defend trucking companies, we are painfully aware that venue (where the lawsuit is filed) makes
a difference. For years, we have tried to avoid defending claims in the City of St. Louis and Jackson County (Kansas City). Those jurisdictions
have been typically known as “liberal” venues wherein jury verdicts and settlements are substantially higher. Prior to August 2005 when Missouri
changed its venue statute, plaintiffs were amazingly creative in establishing venue in St. Louis or Kansas City for accidents which occurred in
out-state Missouri. Fortunately, as part of Missouri’s tort reform in 2005, most of the venue shopping involving tractor-trailer accidents has
ceased. Under the new law, venue is established where the accident occurs. No longer can plaintiffs who were involved in accidents in rural or
conservative counties in Missouri find some remote connection to St. Louis or Kansas City and file suit there.
In January 2007, O&S Trucking filed suit against the Federal Motor Carrier Safety Administration alleging that it is being forced to defend an
accident lawsuit in Kansas City, Missouri because of a clerical error by the agency. Federal law requires motor carriers to designate a legal process
agent in all states in which it operates. O&S Trucking, which is located in Missouri, designated itself in so far as Missouri is concerned.
However, O&S claims that FMSCA erroneously listed a Kansas City law firm as its agent. As a result of the erroneous listing, a plaintiff who has
filed a wrongful death lawsuit against O&S, has sued in Kansas City as opposed to where the accident occurred or where O&S is located. Kansas City
is commonly recognized as being a “liberal” jurisdiction in terms of jury verdicts and settlements. As we know, venue is a hot issue in Missouri
and trucking companies want to avoid the City of St. Louis and Jackson County whenever possible.
The following are representative of recent jury verdicts and settlements in Missouri and southern Illinois. These were reported in various local
newspapers, jury verdict reporting services and trade journals. They are summarized for the purpose of providing the reader with a flavor of jury
verdicts and settlements on trucking claims in our area.
In March 2006, a City of St. Louis jury awarded the parents of Ana (age 24) and Jose Silva (age 23) a total of $46.0 million in a wrongful death
claim against Consolidated Freighways Corporation. According to the Missouri Lawyer’s Weekly, the award represents the number one top plaintiffs’
jury verdict for 2006. The decedents were operating a 1993 Nissan Altima when it was alleged that their vehicle was rear-ended by a tractor-trailer
operated by Consolidated. Consolidated denied liability and maintained that although its tractor-trailer may have struck the Silva vehicle with a
“glancing” blow, the severe impact was caused by another vehicle which caused Silva’s Altima to burst into flames. It was not possible to match the
paint transfer due to the intensity of the fire damage to the vehicles involved. The accident occurred while the decedents were stopped near Joplin,
Missouri on Interstate 44 in fog-like conditions.
Ana Silva survived only momentarily, according to reports, and died from fourth degree burns. Jose Silva managed to free himself, but died
37 days later succumbing to third degree burns over 80% of his body. He required 174 blood transfusions and underwent 28 operations. Ana and
Jose Silva were married, but had no children. Medical specials were approximately $860,000.00. No claim was made for wage loss. The parents
of Jose Silva were awarded $25,280,000.00 and the parents of Ana Silva were awarded $20,780,000.00. The trial court reportedly granted remititur
to a total of $30,000,000.00. According to the various news reports following this verdict, it was reported that the plaintiffs’ demand was $4.75
million and Consolidated’s offer was $250,000.00 prior to trial.
In February 2006 a St. Louis County jury (usually a considered a conservative venue) awarded Curtis Cooper, age 43, a verdict of $170,000.00
for back and neck injuries. The plaintiff was stopped at a red light on Highway 40 at the intersection with Highway K (prior to the intersection
being changed) when he was rear-ended by a tractor-trailer operated by Tiger Truck Lines and driven by Zlatko Rasmusevic.
Cooper had pre-existing conditions of osteomyelitis and degenerative disc disease for which he had received treatment for many years prior
to the accident. The plaintiff claimed that the rear-end accident with the truck “aggravated” his prior condition causing soft tissue injuries
as well as a “bulging disc”. Medical specials were $16,793.00 and no wage loss. Last demand prior to trial was $75,000.00. Last offer was
$45,000.00. The jury returned a verdict of $170,000.00 and the Court awarded pre-judgment interest of $26,000.00.
In April 2006 a settlement was reached in two wrongful death claims filed by the survivors of James Wrotny and James McClard who were killed
in an accident which occurred on Interstate 44 in Greene County near Springfield, Missouri. A pick-up truck operated by Randall Conner, which
was traveling westbound, apparently entered the lane of a tractor-trailer operated by Dwight Troyer, who was also traveling westbound. Troyer’s
tractor-trailer stuck Conner’s pick-up in the rear causing both drivers to lose control and cross-over into the eastbound lanes striking the
plaintiffs’ vehicle. Both wrongful death claims were settled by all of the defendants for a total of $3.5 million. Missouri Lawyers Weekly
reports this case as one of the top 5 settlements for 2006.
In June 2006 plaintiffs settled a wrongful death claim involving a milk tank trailer in Howell County, Missouri for $3,750,000.00. Howell County
is located in southern Missouri on the Arkansas border. The county seat is West Plains, Mo. The plaintiffs alleged that ECM, fuel and cell phone
records established that the driver had falsified his logs. There were also allegations that the truck driver was speeding at the time of this
intersectional collision.
In February 2007, plaintiff settled her PTSD claim pending in the U.S. District Court for the Eastern District of Missouri (St. Louis) for
$62,500.00. The plaintiff (female age 45) was rear-ended by a tractor-trailer on I-44 in St. Louis. She sustained soft tissues injuries to her
neck and back. In addition she claimed to have developed post-traumatic stress disorder which resulted in her having nightmares and fear of driving.
She was treated by a psychiatrist who confirmed the diagnosis. The defendant’s attorney arranged for an IME which likewise confirmed that the
plaintiff suffered from “mild” PTSD. Her total medical was in the amount of $8000.00 with minimal wage loss.
In May 2006, Werner Enterprises settled a wrongful death claim of a 62 year old woman who was rear-ended on I-70 near Kingdom City, Missouri
for $2.4 million. The decedent, who was survived by an adult son, was stopped in traffic due to a previous accident. The Werner driver was a
trainee who allegedly was operating in excess of hours for the day in question while his trainer was asleep in the sleeper berth. The case was
pending in Cole County, Missouri (Jefferson City, Mo.).
In March 2006, a settlement was reached involving three (3) trucking companies in what has been described as a “hotly” contested dispute over
liability between the motor carriers. The defendants settled with the parents of the pregnant mother for $12,000.000.00. The parents of the pregnant
mother also made a claim for the loss of the fetus. Although the issue of whether the “grandparents” had a viable claim for the loss of the fetus was
not resolved by the Court, the defendant trucking companies settled that particular claim for $2,475,000.00. Under Missouri law, the “parents” can
make a claim for death and injuries to a fetus. The case was pending in Jackson County, Missouri (Kansas City, Mo.).
In October 2005, a St. Francois County jury in Farmington, Mo. awarded a woman $100,000.00 for back injuries resulting from a rear-end type
accident on Highway 67. The tractor-trailer driver allegedly changed lanes and “clipped” the rear of the plaintiff’s vehicle. The plaintiff lost
control and rolled over twice. The claimant alleged that she sustained a fracture at T-7 and incurred $7,759.00 in medical bills. She was also
seeking past and future lost wages. The defendant trucking company offered $60,000.00 prior to trial.
In March 2006, a St. Louis County jury awarded a 72 year old woman $25,000.00 as a result of an accident which occurred on I-270 involving
a tractor-trailer. The trucking company admitted liability, but contested damages. The plaintiff alleged that she sustained fractured ribs,
soft tissue knee injuries, including a torn medial meniscus. Her medical specials were approximately $32,000.00. There was no claim for wage
loss. Prior to trial the demand was $75,000.00. The defendants offered $50,000.00. St. Louis County is considered a very conservative jurisdiction
and should not be confused with the City of St. Louis.
In December 2006, a Jackson County jury returned a verdict in favor of a plaintiff who was rear-ended by a bob-tailing tractor on Interstate
35 near Kansas City. Their was a dispute as to whether the truck driver was operating as an employee of the lessor, M&C Trucking or the lessee,
FedEx Ground. The plaintiff alleged injuries to his knee as well as a closed head injury. The defendants disputed the nature and extent of the
injuries and denied that the plaintiff sustained a permanent head injury. The jury awarded the plaintiff $4.0 million and his wife $400,000.00
on her loss of consortium claim.
In February 2006, a St. Louis City jury returned a verdict in favor of a 49 year old plaintiff who alleged injuries to his back as a result
of being rear-ended by a tractor-trailer on the Poplar Street Bridge. The plaintiff was northbound on I-55/70 when a phantom vehicle suddenly
changed into his lane of traffic. The plaintiff stopped “suddenly” to avoid the phantom vehicle and was rear-ended by a tractor-trailer.
The plaintiff claimed soft tissue injuries to his neck and back as well as herniated discs at five different levels in his neck and back.
He also sustained a rotator cuff tear and incurred approximately $21,000.00 in medical expenses. The plaintiff also claimed past and future
wage loss $200,000.00 to $300,000.00. There was also a disputed claim of future medical in the amount of $150,000.00. The plaintiff demanded
$850,000.00 prior to trial. Defendant trucking company offered $375,000.00. The St. Louis City jury awarded the plaintiff $243,000.00 for his
injuries and $14,500.00 to the plaintiff’s wife for loss of consortium. There was a “high-low”agreement in place which resulted in plaintiffs
receiving a total of $375,000.00.
In 2006, a trucking company was successful in obtaining a defense verdict in Greene County involving two wrongful death claims. The claimants
were traveling westbound on I-44 and were attempting to pass another vehicle when it allegedly swerved causing the claimant to lose control,
cross the median and strike the defendant’s tractor-trailer traveling in the eastbound lanes of I-44. After a seven day trial and seven hours
of deliberation, a Greene County jury in Springfield, Mo. held that the trucking company was not liable. The jury found that the claimants
were 35% at fault and the other eastbound vehicle that swerved to be 65% at fault. This resulted in a net verdict for the claimants of
$275,000.00.
In 2006, a trucking company obtained a defense verdict in Jackson County (Kansas City) where the plaintiff rear-ended the tractor-trailer.
The plaintiff claimed that the driver of the tractor-trailer “cut in front of her” and then “stopped without warning”. The driver of the
tractor-trailer denied the allegations and a Jackson County jury found for the defendant. Prior to trial, the trucking company offered the
plaintiff $185,000.00 which was rejected. The demand was $250,000.00.
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