Cases
- Bresette v. Brassfield and Gorre, et. al,
The Bresette family was returning from a spring break vacation March 22, 2013, when a flight display unit fell on members of the family at the recently renovated Birmingham-Shuttlesworth International Airport. One child, Luke Bresette, was killed and there were serious injuries to the mother, Heather, and other members of the family.The family hired Tim Dollar to help determine the truth and assign responsibility in the tragedy in which Luke lost his life. On September 4, the Bresette family reached a settlement agreement with those involved.During a press conference following the settlement hearing, Luke’s father, Ryan Bresette, spoke about how his family’s strong faith has allowed them to survive the aftermath of March 22, 2013. He said, “While our faith teaches us the importance of personal accountability, it also teaches us about the need for forgiveness. Luke also believed in forgiveness – asking for forgiveness and forgiving others. The individuals who make up the companies involved here are good and decent people who never intended this result. Nevertheless, mistakes were made and there has now been accountability and repentance. Our family in return extends forgiveness.”
LARGEST SETTLEMENT PAID ON A SINGLE CLAIM BY A COMPANY
The Court of Appeals for the Western District of Missouri issued its opinion in the case of Holdeman, et. al. v. Stratman, et. al., affirming the 2016 jury verdict of $37.5 million against Stratman, obtained by the law firm of Dollar, Burns & Becker, L.C.Holdeman was rendered a paraplegic when Stratman blocked I-435 by placing his car in neutral on the interstate, while planning to exit. Holdeman, traveling behind Stratman, was forced to slow and was subsequently rear-ended by a semi-tractor and trailer.Stratman was insured for his liability through an Allstate Insurance Company policy that had limits of $100,000. Plaintiffs and Stratman alleged Allstate acted in bad faith by failing to protect its insured when it failed to settle within policy limits, potentially exposing Allstate to liability for the entire judgment.Dollar Burns is pleased to announce that Allstate has now reached a settlement with Holdeman requiring Allstate to pay $30.5 million. This ends the litigation between Holdeman and Allstate. Stratman’s independent claims of bad faith will proceed.
- Estate of Susan Slattery vs. Estes Express Lines, Inc. and Douglas Bouch
In this motor vehicle negligence action, the plaintiffs alleged that the defendants were negligent in causing a collision that killed the driving mother and seriously injured the two minor passengers. The defendants denied the allegations and disputed the nature and extent of the plaintiffs’ alleged damages.
On the date of the incident the female decedent, mother of the two minor plaintiffs, was operating her vehicle on the Ohio Turnpike. The minor plaintiffs, ages 12 and 15 were also passengers in the vehicle at the time of the collision. The defendant driver was operating a tractor pulling triple trailers all carrying loads. The vehicles were traveling in a construction zone where the roadway narrowed. The defendant’s truck and trailers collided into the rear of the decedent’s vehicle.Estes Express Lines Trucking Company involved in a fatal truck crash accident.As a result of the collision, the mother driver died at the scene. The 15-year-old minor plaintiff sustained a traumatic brain injury and was taken from the scene of the collision by LifeFlight. The other minor, the 12-year-old son, sustained multiple fractures including a broken pelvis and multiple facial fractures.The plaintiffs brought suit against the defendant driver and the trucking company alleging negligence. The defendants denied the allegations and disputed the nature and extent of the plaintiffs’ injuries and damages.The parties engaged in extensive informal discovery and participated in two mediation sessions. The parties agreed to a settlement of all the plaintiffs’ claims for the total sum of $40,800,000 during the second mediation.
- VASQUEZ/PERALES FAMILY VS SARAH GREGORY AND NEW PRIME TRUCKING
The Vasquez/Perales family of El Paso, Texas, was awarded over $39 Vasquez/Perales vs. Sarah Gregory and New Prime Trucking by a Dallas County jury for two deaths and multiple injuries that were the result of collisions involving a passenger vehicle and tractor-trailers that occurred on I-40 in the early hours of Nov. 23, 2013.Tim Dollar and JJ Burns of Dollar, Burns & Becker, LC tried the case on behalf of the Vasquez/Perales family with the assistance of their local counsel, Mike Bassett.The Vasquez/Perales family retained Dollar, Burns & Becker—Kansas City attorneys specializing in bad faith and truck crashes—to bring suit against several parties involved in the fatal collisions, including the driver of one of the tractor-trailers, Sarah Gregory; and the trucking company that put her out on the road, New Prime, Inc.After receiving some training at New Prime’s, Inc.’s driver training school, Sarah Gregory was driving in hazardous weather conditions without a certified instructor on her first over-the-road trip when she saw brake lights approximately one-half-mile ahead. Gregory applied her brakes on ice, lost control of the vehicle and came to rest blocking the two eastbound lanes of I-40. She and her co-worker, another entry-level driver, left the vehicle without activating emergency flashers, road flares or reflective triangles. The trailer in the roadway caused several vehicles to crash, perform last-second emergency maneuvers, and block all available escape routes for other approaching motorists. The Vasquez/Perales family, with six people in their Chevy van, was forced to collide with the New Prime trailer. Shortly thereafter, another approaching tractor-trailer crashed into the back of the Chevy van. The crash resulted in the deaths of Belinda Vasquez and Hector Perales, and caused significant injuries to several other family members.The case went to trial in the County Court of Law No. 5 in Dallas County and lasted four weeks. In addition to the damages awarded to the Vasquez/Perales family, the jury also awarded approximately $17 million to the family of Bhupinder Deol, a truck driver who was killed in the collisions after he had pulled over on the shoulder.
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