On or about January 29th, 2008 at approximately 6:10 p.m. plaintiff was the driver of a 2008 Ford F150 truck traveling westbound on U.S. 50 in Moniteau County in California, Missouri. At that time, Defendant was operating a 2004 GMC pickup, traveling eastbound on U.S. 50. Defendant’s pick-up truck entered a curve moving left of center and sideswiping two other westbound vehicles before violently and forcefully hitting the plaintiff’s vehicle head-on. Defendant alleged that he lost control of his vehicle as a result of debris shattering his windshield from another westbound vehicle in the line of cars. Defendant was later convicted of driving while intoxicated resulting in injury and received a 5 year suspended sentence. On April 23, 2009 the parties mediated the case with retired Judge Bob Russell from Sedalia, Missouri. As a result of the mediation, the parties entered into an R.S.Mo.537.065 type agreement in exchange for $100,000 insurance proceeds, $75,000 in cash from the defendant, and a 150 acre farm owned by defendant in Moniteau County. On January 15, 2010, a bench trial was held in the Miller County Circuit Court. Over the next year and a half, the Court heard several post-trial matters amongst a very busy docket in the five (5) County 26th Judicial Circuit. On July 21, 2011 the trial court entered judgment for the plaintiffs in the amount of $1,124,118.73. Plaintiffs hope to collect the remainder of the excess judgment through the defendant’s insurance carrier and/or agents.
© The A.W. Smith Law Firm, P.C. 2024. All rights reserved.
