Sharon Hayes v. Michael S. Ermey
Docket Number: 03CV218372
Judge: The Honorable Michael Manners, Div. 2
Defendant's Attorney: Jeffrey S. Nichols, Wallace, Saunders, Austin, Brown & Enochs
Facts: Plaintiff was a passenger on a motorcycle, which was involved in a motor vehicle accident with our client, Michael Ermey, who was driving a twin cab, twenty-one foot long utility pickup truck. The accident occurred on southbound I-470W and MO 291S, where the two highways split. Plaintiff claims that Defendant failed to maintain a careful lookout and merged into her lane of traffic, and sideswiped the motorcycle. The Plaintiff was thrown from the motorcycle at 65 mph, and suffered a fractured acetabulum (hip) and olecranon (elbow). Plaintiffs orthopedic surgeon testified at trial. Plaintiff submitted claims for $20,000 in medical and $4,000 in lost wages. Defendant claims he was in his lane of traffic, and the motorcycle driven by Plaintiff's husband, merged into his lane without looking, and ran into the right rear quarter panel of Defendant's truck. Defendant third-partied in the husband for comparative fault purposes, but his liability carrier had settled with the Plaintiff pre suit for $25,000, and Defendant had to dismiss his claims against the husband. Defendant thus had a $25,000 credit going into trial. Defendant dropped the comparative fault claims against Plaintiff as the passenger a week before trial by stipulation, and argued that Plaintiff's husband was the sole cause of the accident.
Demand before Trial: $100,000 policy limits - asked the jury for $104,000
Offer before Trial: None
Verdict: Unanimous verdict for Defendant Emery
