Verdicts & Settlements November 28, 2011: Mo. family wins $7M in semitrailer crash [Missouri Lawyers Media]
By Kelly Wiese; Kelly Wiese | |
Proquest LLC |
A
The crash -- and the trial -- were in northern
A tractor-trailer operated by a driver for
Meanwhile,
A few days before the trial was to start,
The judge denied the motion to dismiss but limited the evidence plaintiffs could use during the main trial. U.S. District Judge
Co-lead counsel for the Reagan family was
The plaintiffs alleged Quisenberry was overtired, wasn't qualified, wasn't trained and had two previous license revocations that should've prevented him from getting the job. The crash occurred less than three weeks after the company hired Quisenberry.
In their answer filed with the court, the defendants denied liability for the crash and claimed other parties they didn't control were responsible for the injuries.
The defendants brought a third-party claim against the driver of another vehicle involved in the crash,
Sullivan said proving which vehicle caused the accident was the biggest hurdle in the case because the company's conduct in hiring the driver was pretty damaging. The defendant succeeded in bringing in a state trooper who wrote in his report from the scene that he believed McCoy's car had crossed into the oncoming lane.
"The real battle in the case in the simple sense was to prove who's at fault," he said. "He can be the worst driver in the world, but if we can't prove he's at fault, we can't win."
Sullivan said the trooper wasn't trained in accident reconstruction and he saw his testimony as grounds for a potential appeal, but ultimately the jury didn't assign McCoy any fault.
The trial lasted five days, with jurors returning a verdict of
According to the court judgment, Dunaway also had agreed to pay Maverick Transportation, which owned the truck Reagan was driving,
"They broke every rule in the book with respect to safety and safe driving," Emison said.
The attorneys said the sides actually reached a confidential settlement just after the jury returned, so the case is finished.
Wrongful death, motor vehicle collision
Venue:
Judge:
Plaintiffs' Experts:
Defendants' Expert:
Allocation of Fault: 75 percent to Dunaway, 25 percent to Quisenberry
Special Damages: About
Last Pretrial Demand:
Last Pretrial Offer:
Insurer:
Caption:
Plaintiffs' Attorneys:
Defendants' Attorneys:
Copyright: | (c) 2011 ProQuest Information and Learning Company; All Rights Reserved. |
Wordcount: | 888 |
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