Truck Pedestrian Accident

June 14, 2001

$1,900,000.00 Record Jury Verdict (FOR PERSON OVER THE AGE OF 70, DECEDENT HAD SUSTAINED NO LOST INCOME)

Parties: FAMILY OF DECEDENT V. BFI AND CITY OF ST. LOUIS

THIS IS THE LARGEST AREA JURY VERDICT FOR THE WRONGFUL DEATH OF A PERSON OVER THE AGE OF SEVENTY.* The last and highest joint offer of defendants BFI and City of St. Louis was $500,000.00. The last and lowest demand was $1,250,000.00. The case is reported in Missouri Lawyers Weekly, St. Louis Post-Dispatch and Jury Verdict Reports.

* Based upon Jury Verdict Reporter, Inc.’s search of Jury Verdicts for St. Louis City, St. Louis County, Jefferson County, and St. Charles County since 1990.

PLAINTIFF’S TRIAL ATTORNEY: ROBERT H. PEDROLI, JR. & DANIEL J. GAUTHIER

TYPE OF CLAIM: BFI TRASH TRUCK STRUCK PEDESTRIAN CROSSING STREET IN DANGEROUS CROSSWALK. Deceased was crossing the intersection of Grand and Park from the southwest side of Grand from west to east. The City of St. Louis intended to remove that crosswalk on the south side of Grand by removing the pedestrian signal heads, but did not remove the crosswalk lines and did not put up signs telling pedestrians not to cross. . The light sequence was such that plaintiff would never get a green traffic signal as south bound Park was closed due to construction. The only green signal for Park would be for north bound Park traffic to turn left or right on Grand and the signal was a left arrow and a green globe which plaintiff would never see from the southwest corner of the intersection. Pedestrians on the southeast corner (across Grand from her) could legally cross as the law provides right of way for pedestrians crossing the street with a green light even if there was a left arrow.  According to the law the left turning vehicles are required to yield. At the time of the accident pedestrians were crossing in both directions in the crosswalk on the south side of Grand in the crosswalk that the City wanted to terminate. A left turning BFI trash truck made a left turn with a left arrow striking and killing plaintiffs’ family member.

Defendants alleged that the victim crossed against an arrow and failed to keep a careful lookout. City denied a dangerous crosswalk existed at that time and place.  Plaintiffs alleged that the driver failed to yield to the pedestrians and that the City of St. Louis created a dangerous crosswalk in their failure to adequately remove the crosswalk for pedestrians walking in both directions and in failing to remove the crosswalk street markings.

DAMAGES ALLEGED: Wrongful death of mother and grandmother of several adult descendants, none of whom were supported by decedent. The evidence was that the decedent was the rock of the family and held the family together and kept the family in their church. Their minister testified as to the character and strength of decedent and that she was a key member of their church.

VERDICT: $1,900,000.00, Last and highest offer was $500,000.00 and was refused at mediation. Last demand for settlement was $1,250,000.00. This case was appealed to the Missouri Court of Appeals for the Eastern District and the judgment was upheld.

Comments: This case demonstrates that attorneys recognized the accurate verdict potential of the case and properly advised family to reject a significant offer that was in the realm of reasonable.  The advise was given based upon the special circumstances of this case and the character and importance of the decedent to the entire family.  The claim merited a larger settlement than offered. The offer was based upon the age of the decedent and the fact that no one was financially dependant upon her.  The attorneys’  judgment and advice in rejecting the offer was shown to be correct by the jury’s verdict which was almost four times higher than the offer.