Mark Rhodes v. Michael Tate, et al.

 

Venue:  Circuit Court of Douglas County, Missouri

Docket Number: CV0102-188CC

Date:  December 20-21, 2004

Judge: The Honorable John Moody
Defendant's Attorney: Warford B. Johnson III, Wallace, Saunders, Austin, Brown & Enochs

Facts:  Plaintiff Rhodes was a passenger in Defendant Tate's vehicle, driven by our client Tate.  As Tate and Rhodes were traveling southbound on county Highway K, they slowed to make a left turn back to the Northeast on County Road 256. The intersection was at the crest of the hill and as Plaintiff and Defendant Tate were approximately half-way through the left turn, Defendant Julie Williams, heading North on Highway K, crested the hill and collided with Plaintiff and Defendant on the passenger side of the vehicle. Plaintiff alleged negligence on behalf of Defendants Tate and Williams and against the Missouri Highways and Transportation Commission for failing to lower the speed limit in and around the intersection and failing to post advisory placards.

Claimed Injuries: Plaintiff sustained a cervical fracture requiring a fusion and residual weakness in the upper extremeties.

Damages: Plaintiff sustained $30,000.00 in medical bills and $6,400.00 in lost wages and income

Verdict: $375,000.00 for plaintiff against Defendant MHTC, defense verdict in favor of defendants Tate and Williams.

Plaintiff's Experts: Charlie Vaughn (accident reconstructionist), Dr. John Glennon (highway design standards), Charles Mace, M.D. (neurosurgeon, Springfield, MO).

Defendant Tate's Experts: None

Jury Deliberation: 2 hours

 

© 2005 Wallace, Saunders, Austin, Brown, and Enochs