Trucking Accident Settlement

Confidential Settlement: Trucking Accident – Tractor-Trailer

Kemry v. James Trucking Company

On April 1, Carla Kemry, 45, was a passenger in the cab of a tractor-trailer owned by James Trucking Co. and driven by Billy Lee Love, an employee of James Trucking Co. The tractor-trailer was loaded with approximately 25 tons of rock.

The tractor-trailer was headed west on Quarry Road in Warrenton, Mo., when the load allegedly shifted to an outside corner, causing the trailer to run off the road. The right rear tire then blew out, and the entire rig overturned, coming to rest on its side. Kemry was partially thrown from the tractor-trailer and trapped in the wreckage. To free her, rescuers decided to pull the tractor-trailer upright using a tow truck, however the cab was dragged a short distance with Kemry pinned underneath.

After Kemry was freed from the wreckage, she was airlifted to St. John’s Mercy Medical Center in Creve Coeur, MO, where she was treated for several serious injuries including a traumatic closed head injury, facial and spinal fractures, broken ribs, transient respiratory failure, posttraumatic anemia and depression.

Kemry remained hospitalized for 12 days. On April 12 she was transferred to Columbia, MO-based Rusk Rehabilitation, where she spent an additional 12 days before being discharged. Kemry, a mother of two, continues to suffer significant back pain, headaches, emotional distress and depression. She also has permanent facial and body scars and suffers from cognitive and behavioral changes. Kemry’s medical expenses were just under $100,000.00.

On August 22, Kemry filed suit in St. Louis Circuit Court against James Trucking Co. She was represented by David M. Zevan and Spencer E. Farris of Zevan Davidson Farris Stewart LLC.

Kemry alleged that James Trucking Co. was liable for her injuries because the tractor-trailer had been improperly loaded with the rock. She also alleged that James Trucking Co. was liable for negligently hiring and supervising Love as well as negligently entrusting the tractor-trailer to him. After the accident, Love tested positive for cocaine and amphetamine. A criminal background check would have revealed that in 1999 Love was twice arrested for possession of a controlled substance and convicted of felony charges.

The case went to trial on December 3, and after four days of trial and without admitting liability, James Trucking Co. agreed to settle the case for a confidential amount.

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The results obtained in each case depend on a variety of factors that are unique to each case. Every case is different and these results, while accurate, do not guarantee a similar result in your case and cannot be used to predict the results of your case.