Truck Driver Claimed Vehicle Was Speeding

$175,000 Verdict

Plaintiff Berna Todd, 72, was a passenger in a car that was struck by a sanitation truck. She sued the truck driver, who then third-partied in Deana Hughes, the driver of Todd's car.

The truck driver was stopped at an intersection. When he pulled out, he collided with Hughes' car. He admitted at trial that he did not look to his left before pulling out, but claimed that Hughes was speeding and also failed to avoid him.

The plaintiff claimed that her left wrist fracture would require future surgery, which the truck driver disputed.

The jury returned a verdict of $175,000, with 100 percent of the fault allocated to the truck driver.

Type of Action: Automobile accident

Type of Injuries: Two broken wrists, broken right shoulder

Court/Case Number/Date: Jasper County Circuit Court/ CV199-224CC/March 16, 2000

Caption: Todd v. Artym; Artym v. Hughes

Judge, Jury or ADR: Jury

Name of Judge: David Dally

Special Damages Claimed: $39,000 past medical expense; $25,000 future medical expense

Verdict or Settlement: $175,000

Allocation of Fault: 100 percent to Artym

Last Offer: $125,000

Last Demand: $175,000

Attorney for Plaintiff: Roger Johnson and Scott Gallagher, Springfield

Insurance Carrier: Guarantee National

Plaintiff's Experts: Dr. Brian Murphy, Joplin (pain management); Debbie Tolliver, Springfield (physical therapist)

Defendant's Experts: Dr. Hugh Harris, Springfield (orthopedist)