Man Killed In Rear-End Collision With Truck
$858,000 Verdict
The plaintiff was the widow of a 59-year-old man who was killed in an accident with a tractor-trailer. She sued the driver and the trucking company.
The accident happened on Oct. 27, 1997 on eastbound Interstate 70 near Blue Springs. The tractor-trailer had a blowout of the left inside tire on its rear tractor axle. The plaintiff claimed the tractor-trailer either continued on the highway one mile before pulling over or swerved in front of the decedent's vehicle. When it reached the shoulder, it was rear-ended by the decedent's delivery truck.
The plaintiff claimed that the tractor-trailer driver was negligent in failing to move to the shoulder immediately upon having a blowout, driving too slowly, failing to keep proper control of his truck, and swerving in front of the decedent.
The defendants claimed the decedent was following too closely and failed to keep lookout.
Type of Action: Negligence
Type of Injuries: Death
Court/Case Number/Date: Jackson County Circuit Court/98-CV-3112/May 28, 1999
Caption: Bottcher v. Hudson, et al.
Judge, Jury, or ADR: Jury
Name of Judge: Lee Wells
Special Damages Claimed: $411,352 lost earnings, $30,000 past medical expense
Verdict or Settlement: $1.3 million verdict with $858,000 recovery to plaintiff after allocation of fault
Allocation of Fault: 66 percent to defendants, 34 percent to decedent
Last Offer: $50,000
Last Demand: $895,000
Attorney for Plaintiff: J. Kent Emison and Michael W. Blanton, Lexington
Insurance Carrier: Great West Casualty
Plaintiffs' Experts: Thomas E. Green, Mundelein, Ill. (accident reconstructionist); Kenneth Thompson, Louisburg, Kan. (truck safety); John O. Ward, Prairie Village, Kan. (economist)
Defendants' Experts: None
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