Langdon & Emison Successfully Concludes Lawsuit over Florida Collision - 2011-10-24

Langdon & Emison attorneys Phyllis Norman and Bob Langdon were able to successfully settle a Florida lawsuit on behalf of a family whose lives were turned upside down by a 2007 automobile collision. The recovery secured from the defendants for the Smith family was $3,900,000.00, due to the continued care (medical and otherwise) that the family will likely incur due to their unfortunate auto accident and its details.

On December 15, 2007, a family collided with Jeffery Francis’ 1999 Mercedes Benz. The defendant was driving in the wrong direction on Interstate 95 and collided head-on with the Smith family’s vehicle. Mr. Francis’ negligent driving took place on the way home of the company holiday party of his employer, Data Road/Zanett, which included alcohol, food and entertainment. The Langdon & Emison legal team brought to light through the proceeding that employees were put in charge of monitoring driving drunk when leaving these annual holiday parties, but there was no official policy in effect.  They were also able to illustrate that Mr. Francis was one of the last guests to leave the party that night, and though many witnesses saw him drinking throughout the evening, no one knew how much he had consumed. No one asked him if he was able to drive safely, and no one kept him from leaving in his altered state.

Upon leaving the party, Mr. Francis traveled down Interstate 95 in the wrong direction, in spite of driving this highway regularly for work.  A truck driver narrowly avoided a head-on collision with Mr. Francis. He flashed his lights repeatedly at Mr. Francis’ vehicle and swerved out of the vehicle’s way, but Mr. Francis showed no signs of slowing down.  Highway patrol estimated his speed at the posted speed limit (70 MPH). The truck driver called 911 to alert authorities, but just before 2 a.m., Mr. Francis swerved into an oncoming car and caused the first of two accidents.  He fled the scene of the first, and made it two more miles before colliding head-on with the minivan that carried the Smiths. 

After the impact, Mr. Francis’ vehicle spun around and came to a stop. The Smiths’ family vehicle became airborne, struck a guardrail, and overturned, coming to rest on its side. All involved in the collision were life-flighted to the nearest hospital.

During negotiations with the defendant, the firm showed clearly that the employer was liable for Mr. Francis’ negligence, and used recent Florida case results to do so. As a result of the collision, the firm clients’ injuries included head trauma and brain injury resulting in neurological dysfunction; a broken right femur; torn meniscus; lacerated liver; lacerated right heel and right eye; bruised right hip and pelvis; loose teeth; a contusion to the eye; dislocation and fracture of left wrist; right shoulder separation; back strain; major depression and other injuries.  

The legal team illustrated how an in-depth neurobehavioral assessment and a review of medical records revealed that each of the three victims were fully functioning before the accident, but now suffered from problems that were clearly accident related and could be permanent. The attorneys also engaged a life care planner who laid out the future life care costs for each victim.   

In the past twelve months, Missouri Lawyers Weekly selected Bob Langdon as one of the state’s two “legal champions” for the year, and Phyllis as one of the most accomplished women attorneys in the state of Missouri under the age of 40. Both attorneys focus their practice on product liability, successfully representing those victims and their families who have been injured by dangerous and defective products. Phyllis is licensed in Florida and was named by the Kansas City Metropolitan Bar Association in 2011 as its “Young Lawyer of the Year.” Bob, meanwhile, has held leadership posts in local and national bar associations, including the presidency of the Missouri Association of Trial Attorneys.