Jackson v. Brandon

Mar 13, 2012

OUTCOME: $493,919.00 Settlement

Woman hurt in collision was early in pregnancy, miscarried BY LAURA GIRRESCH Special to Missouri Lawyers Weekly A woman was on her way to a Dollar General store in Camden County to buy a pregna ... ncy test when a man hit her stopped car from behind at full speed, her attorney said. Plaintiff Heather Jackson, 30 at the time of the June 28 accident, was indeed two weeks pregnant, her attorney said. The Camdenton resident needed neck surgery as a result of the accident, and she suffered a miscarriage in the ordeal. She and her husband, Jason, obtained a $493,919 settlement in the vehicle collision and wrongful death case against defendant driver Robert Brandon and his wife, Gayle, plaintiffs' lawyer Matthew C. Price said. Brandon's insurance carrier, Electric Insurance Co., represented him. A representative of that company didn't return a call seeking comment on the settlement. Brandon had no listed phone number, so he couldn't be reached for comment. Jackson had stopped in the driving lane of northbound Missouri 5, Price said. She was waiting, with her blinker on, for oncoming traffic to clear so she could turn left. Price said Brandon wasn't paying attention and rear-ended Jackson at full speed in the 55-mph zone. Brandon was about 75 years old at the time of the crash, according to court records. Price couldn't provide detailed information about the defendant or the types of vehicles involved in the accident. Online court records indicate an attorney represented the Brandons at the Camden County settlement hearing. That lawyer didn't return messages seeking comment or confirmation by press time. Jackson's car was totaled. Her 3-year-old son was also in her vehicle during the accident but wasn't injured, her lawyer said. Price said Jackson likely miscarried not as a result of trauma from the accident itself, but from complications in the neck surgery. Price initially demanded $500,000, and the insurance company offered $260,000, but they ultimately settled the case for close to Price's demand. The settlement breakdown was $250,000 for Jackson's injuries, and $243,919 for the unborn baby's wrongful death. Price said insurance companies try to fight paying for the loss of a fetus in the first trimester, but Missouri law allows a person to claim wrongful death of a fetus in a car accident regardless of the duration of the pregnancy. "Our position is: That's a baby that died." Matthew C. Price, plaintiff's lawyer

Motorcycle Crash

Jan 01, 2011

OUTCOME: $300,000.00

Client was injured in a motorcycle accident.

Car Crash

Jan 01, 2010

OUTCOME: $550,000.00

Liable vehicle failed to yield the right of way and t-boned client's vehicle.

Bates v. Pettyjohn

Aug 18, 1911

OUTCOME: $1,600,000.00 Settlement

Family alleged earlier crash caused woman's death BY ALAN SCHER ZAGIER Special to Missouri Lawyers Weekly The family of a 67-year-old Lebanon grandmother who died after medical complications fo ... llowing a 2006 car crash has settled a wrongful death suit against the other driver and his employer for $1.6 million, the family's lawyers said. Laura Collier was a passenger in a van driven by her husband, Jon, when a Consolidated Electric Service truck struck their van on Missouri 5 in northern Laclede County on Nov. 29, 2006, the plaintiffs alleged. Laura Collier used a wheelchair before the crash and had numerous medical conditions, including congestive heart failure, diabetes and chronic obstructive pulmonary disease, said one of her family's attorneys, Matthew Price. She also periodically relied on oxygen tanks to help her breathe, though she wasn't using one at the time of the crash. After the collision, Collier was trapped beneath the vehicle for an hour and had to be extracted, the attorney said. She broke both her arms and lost a substantial amount of blood. Collier's condition worsened over the next several months, as she shuttled between hospitals, rehabilitation centers and nursing homes, Price said. Collier developed a post-surgical staph infection 45 days after her initial hospitalization, he said. She died on June 1, 2007, and her husband and adult daughter filed suit on Nov. 30, 2009. Jon Collier was not seriously injured in the crash, which Price said occurred as John Pettyjohn was maneuvering the electric company vehicle into a driveway off the state highway. Defense attorney Lawrence Grebel, of Brown & James, couldn't be reached for comment by press time. The suit, filed by attorney Gary L. Smith before Price joined the case last May, named Pettyjohn, Consolidated Electric Service and company owner Alan Smith as defendants. Price said the lawsuit stalled over the defense's contention that Collier's numerous pre-existing health problems caused her death, rather than the crash. "Defense counsel was adamant that she had too many prior health problems," Price said. "There was no give." Three months after Price joined Smith as co-counsel, the defendants agreed to settle, with Collier's adult daughter, Kathy C. Bates, receiving $1.25 million and Jon Collier the remaining $350,000, Price said. Consolidated Electric Service's insurance policy covered the claim. Online court records show that Pettyjohn was charged with a moving violation after the collision but ultimately pleaded guilty to a reduced charge of failing to properly attach a muffler, paying a total of $200 in court costs and a fine. MO "Defense counsel was adamant that she had too many prior health problems. There was no give." Matthew C. Price, plaintiff's attorney

Workplace Accident

N/A

OUTCOME: $1,500,000.00

Shooting Accident

N/A

OUTCOME: $250,00.00

Client was accidentally shot by a third party and suffered internal injuries.

Car crash

N/A

OUTCOME: $350,000.00

Hip injury in low speed car accident.

Motorcycle Crash

N/A

OUTCOME: $275,000.00

Neck injury in motorcycle accident

Pedestrian hit by Vehicle

N/A

OUTCOME: $200,000.00