Judith Schaefer v. Pro Logistics
Jan 01, 2005OUTCOME: $900,000.00 settlement
This is the companion case to the Estate of Robert Bivin v, Pro logistics ., described below. Judith Schaefer was standing next to Robert Bivin as he was filling her gas tank with gasoline in the emerg ... ency lane of I-65 near Bowling Green, KY, when they were both hit by a tractor trailer. Miraculously, Judith Schaefer survived the impact. She broke many bones and had several operations, but she not only survived but has been able to return to work as a nurse. A lawsuit was filed in Bowling Green, KY and the case was litigated until a settlement was reached prior to trial. The challenge in this case was the limited insurance proceeds available to satisfy Ms. Schaefer’s claim. The trucking company was organized so that it did not have much in assets (the trucks were owned by a leasing company) and therefore it was difficult to convince the trucking company to pay a significant amount of money above the insurance. Through discovery facts were discovered regarding how the trucking company was organized and how they had dissipated significant assets after this accident that provided a basis for Ms. Schaefer to pierce the corporate veil so that she could go after the personal assets of the trucking company’s shareholders. This information help lead to a settlement of over $900,000.00 where over $500,000.00 was paid directly by the trucking company over and above the insurance.
