April 15, 2002

Trial Report

$2.1 Million Settlement

David and Jean Elliott sued several defendants for wrongful death after their 17-year-old daughter was killed in an accident with a dump truck on May 20, 1999 at the intersection of Clarkson Road and Baxter in St. Louis County.

The defendants included driver Harold Kelley III and Harold Kelley Trucking. L.E.G. Brown Hauling, a small trucking company, was added as a defendant because Kelley was working for the company at the time of the accident.

The Elliotts settled with the defendants for a total of $2.1 million.

Type of Action: Automobile accident

Type of Injuries: Death

Court/Case Number/Date: St. Louis City Circuit Court/992-7423

Caption: Elliott v. Kelley, et al.

Judge, Jury or ADR: Mediation for settlement with L.E.G. Brown Hauling Inc.

Name of Judge: Mediator Henry Menghini

Verdict or Settlement: $2.1 million settlement

Special Damages: None

Allocation of Fault: N/A

Last Offer: N/A

Last Demand: N/A

Attorneys for Plaintiff: Jeffrey J. Lowe and David N. Bohrer, Simon, Lowe & Passanante, St. Louis

Insurance Carrier: Not disclosed

Plaintiff's Experts: N/A

Defendant's Experts: N/A


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