Past Successful Experiences

June 14, 2001

I$1,900,000.00 Record Jury Verdict (FOR PERSON OVER THE AGE OF 70, 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 ATTORNEY: ROBERT H. PEDROLI, JR. & DANIEL J. GAUTHIER

TYPE OF CLAIM: BFI TRASH TRUCK STRUCK PEDISTRIAN 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 west 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 signal as south bound Park was closed due to construction. The only green 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 cross legally as the law provides right of way for crossing the street in conflict against an arrow and the turning vehicles are required by law to yield. At the time of the accident pedestrians were crossing in both directions in the crosswalk on the south side of Grand and a turning BFI trash truck made a left turn with a left arrow striking and killing victim.

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.

DAMAGES ALLEGED: Wrongful death of mother and grandmother of several adults, who were all not supported by deceased relative. Evidence was that the deceased was the rock of the family and held everyone together as a family and in God. Minister testified as to the character of strength of deceased as a key person in 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 verdict potential of the case and properly advised family to reject a significant offer that was in the realm of reasonable since the special circumstances of this case merited a larger settlement. That judgment was shown to be correct by the jury's verdict.

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