The wrongful death lawsuit brought by the estate of
Kerr, 61, a third-grade teacher at
She suffered broken ribs, a punctured arm and fractures of the arm, neck and skull, according to a news release issued Thursday by
Discharged from the hospital after 20 days to recuperate at home, she died on
The police were never able to interview Kerr, according to Reardon, and accepted the claim of the pickup driver,
She was thrown more than 30 feet.
After her death, the state
The husband also did not accept the medical examiner's findings because his wife had been in good health.
Brauch determined the pickup truck was going in excess of 15 mph and Gudeahn had an unobstructed line of sight for over 200 feet and ample time to stop when he saw
The law firm then retained Dr.
The doctor concluded the artery was not blocked as the medical examiner had observed and found that the severe, traumatic injuries to the left side of
"It was fortunate we got on this case before the evidence disappeared," Reardon said in a phone interview Thursday.
Confronted with the findings, Gudeahn's insurance company,
The firm's attorney
The Kerr family is pleased with the outcome of the case, Reardon said.
"This case demonstrates that while police investigators and the state pathologists generally do a very good job, a thorough, independent investigation can sometimes bring facts to the surface that the authorities have not considered," he said. "We are pleased we could help the Kerr family and bring an end to the tragic ordeal they have experienced."
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