Case Verdicts and Results
Woman injured
in tractor-trailer crash settles with
trucking company.
Truck’s driver failed drug test after accident
and had a criminal history.
Confidential Settlement
A woman who was hurt when a tractor-trailer
loaded with rock overturned settled
her claim against the trucking company
for a confidential amount after a four-day
trial.
On April 1, 2002, 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. 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 on April 24.
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 Aug. 22, 2005, 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 Dec. 3,
2007. After four days of trial and
without admitting liability, James
Trucking Co. agreed to settle the case
for a confidential amount.
Girl claimed bus driver grabbed and
kissed her.
He had prior arrests for
sex misconduct.
575,000.00 verdict/settlement
Chrystal McFarland sued School Services & Leasing
for negligent hiring, retention and
supervision and respondeat superior
liability after she was touched and
kissed on the cheek by a school bus
driver.
McFarland, 17, was coming home from
basketball practice at a St. Louis
magnet school on Nov. 4, 1999. She
claimed that after all the other students
had been dropped off, the driver, Albert
George, held her against her will for
several minutes, kissed her on the
cheek and touched her thigh. There
were no witnesses. She claimed she
suffered humiliation, embarrassment
and emotional distress, for which she
was treated by a psychiatrist.
McFarland presented evidence that
the driver had prior arrests for sexual
misconduct, which he did not disclose
to School Services. The company argued
lack of agency and lack of knowledge
of its driver’s history and propensities.
St. Louis County jury decides for
shuttle bus driver hit in rear-end
crash.
Collision fractured plaintiff’s
spine.
$425,000 recovery
A St. Louis County jury said the driver
of a shuttle bus rear-ended by another
vehicle was entitled to $342,020.32
after viewing evidence that the spinal
injuries he suffered were not adequately
represented by damage at the scene.
Vernon Jones was on the job Aug. 27,
2001, driving a shuttle bus for his
employer on Airport Road near St. Louis
Lambert International Airport. According
to information presented at trial,
Jones was stopped at a traffic signal
when a car driven by the defendant,
Ronald Bova, at an estimated 20 to
30 miles per hour hit Jones’ vehicle
from the rear and “submarined” beneath
the rear of the shuttle bus.
Plaintiff’s attorney Spencer Farris
explained that Jones experienced leg
and back pain shortly after the crash.
Jones, who had a pre-existing back
injury and no health insurance, sought
medical care through the Division of
Workers’ Compensation. At first, Jones’
employer denied the crash and subsequent
injury were work-related since Jones
had been hit by another car. After
a year of negotiation, Jones’ employer
did agree to pay for an MRI and possibly
provide some medical care.
Ultimately, it was determined that
Jones suffered from a burst fracture
at the L-1 area of his spine.
Before the MRI took place, Jones went
to a hospital emergency room where
the fractured vertebrae was diagnosed,
resulting in surgery with the attachment
of medical hardware to create a fusion
between the spinal regions from T-12
and L-2.
“I really think what happened is that
the defendant’s car went under my client’s
car and kind of tossed it up. That’s
why there is no property damage. The
photographs show little or no damage.
But he still absorbed a crash to his
back,” Farris said.
After adding interest for delay by
the insurance company, Jones collected
$425,000.00.
Boy broke arm at baseball stadium.
He was contestant in pre-game promotion
$48,000 Verdict
A 13-year-old sued the St. Louis Cardinals
for premises liability after he broke
his arm in a contest at Busch Stadium.
Brad Rabinowitz was attending a Cardinals
game on Aug. 2, 1999. As part of a
promotion the team had set up a game
outside the stadium requiring contestants
to sprint 60 feet between a simulated
home plate and first base. Their time
was recorded by an electric eye and
the names of the fastest contestants
were posted on the scoreboard during
the baseball game.
A wall was placed 10 feet beyond home
plate to prevent injury. The wall was
made of plywood reinforced with steel
and was covered with six inches of
padding.
Rabinowitz, who had played the game
more than 15 times previously, struck
the wall and broke both bones in his
forearm. He had two surgeries to repair
the injury but suffered no long term
disability.
Rabinowitz claimed in his lawsuit
that there should have been no wall
at the end of the run or that it should
have been placed more than 10 feet
beyond home plate. The Cardinals argued
that Rabinowitz played the game too
aggressively and that he was solely
responsible for his injury.
A jury awarded Rabinowitz $60,000,
but found him to be 20 percent at fault,
reducing his judgment to $48,000.
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