$1.35 Million Settlement
Plaintiff Pam Brown and her daughter were passengers in a van that was rear-ended by a Yellow Freight tractor-trailer truck. Pam suffered a skull fracture, amnesia and depression and was hospitalized for almost six weeks. Her daughter, a college honor student with a pre-med major, was rendered totally brain-damaged and paraplegic.
The parties had settlement negotiations and the defendants, Yellow Freight and the truck driver, offered to settle the claims of Pam, her daughter and her husband, who had filed for loss of consortium. The Browns said they accepted the offer for Pam and her husband, but not accept the offer for their daughter. The defendants argued that they intended a global settlement offer for all claims and that the plaintiffs had to settle all claims.
The Browns then filed suit to enforce the settlement of $1.2 million plus interest as to Pam and her husband, rather than filing a personal injury suit.
Depositions were taken of Yellow Freight's claims manager and adjuster. The testimony showed that an additional amount was offered on Pam's claim, which was going to be used mostly for the daughter's benefit. The plaintiffs contended that the company was overpaying Pam's claim by $500,000 to get the parents to settle their daughter's claim.
The daughter's claims are still pending.
Type of Action: Contract suit to enforce settlement
Type of Injuries: Skull fracture, amnesia, depression; daughter rendered totally brain-damaged and paraplegic
Court/Case Number/Date: Jasper County Circuit Court/29V019901073/ September 2000
Caption: Brown, et al. v. Yellow Freight Systems, Inc., et al.
Judge, Jury or ADR: Judge
Name of Judge: David Dally
Verdict or Settlement: $1.35 million settlement
Special Damages Claimed: $59,000 medical expense
Allocation of Fault: N/A
Last Offer: None
Last Demand: None
Attorney for Plaintiff: The Hershewe Law Firm P.C.
Insurance Carrier: Self-insured
Plaintiff's Experts: Dr. Arthur Daus, Joplin (treating physician); William Henning, Columbia (contract law)
Defendant's Experts: None
December 11, 2000
