Didn't See Trailer In His Lane

$1 Million Settlement

In June 1999, plaintiff Steven Forehand was driving westbound on State Highway 57 in Crawford County, Kan., at 2:30 a.m. He struck a tractor-trailer driven by Richard Carmody and owned by Oerke Farms, a Missouri farming company.

The tractor-trailer was making a left-hand turn to travel eastbound on Highway 57 with its tractor unit already in the eastbound lane pointing toward Forehand's vehicle when he hit the side of the trailer. There were no skid marks and no evidence that Forehand saw the trailer.

Forehand suffered brain trauma and has had extensive therapy to restore his ability to function. He had no memory of the collision.

The police officer at the scene assigned fault to Forehand for being inattentive and did not believe that the driver of the tractor-trailer contributed to the cause of the accident.

Forehand filed suit in Missouri and claimed that Missouri law applied because both the defendant driver and the defendant employer resided in Missouri and also because the trailer had been purchased in Missouri. The defendant claimed that Kansas law would apply with its non-economic damages cap of $250,000. The case was settled for policy limits following the filing of a lawsuit in Missouri.

Type of Action: Automobile accident

Type of Injuries: Brain injuries; fractures to left hand and left knee

Court/Case Number/Date: Jackson County Circuit Court/99-CV-225727/March 3, 2000

Caption: Forehand v. Carmody

Judge, Jury or ADR: Jury

Name of Judge: Jon Gray

Verdict or Settlement: $1 million settlement

Special Damages Claimed: $300,000 medical expense and lost wages

Allocation of Fault: N/A

Last Offer: N/A

Last Demand: N/A

Attorney for Plaintiff: Roger Johnson, Joplin

Insurance Carrier: Northland Insurance Company

Plaintiff's Experts: None

Defendant's Experts: None