Anne C. Vitale
A couple injured in a collision with a semitrailer has reached a $1.4 million settlement with the truck driver and his employer. The parties settled before suit was filed in Saline County.
“Developing a cooperative dialogue with the trucking company’s insurance carrier allowed us to negotiate a favorable and timely settlement before instituting litigation,” St. Louis plaintiffs’ attorney Stephen M. Glassman said. “Throughout the Lyons’ recuperation, we kept the trucking company’s claim department and counsel apprised of our clients’ conditions.
The insurance company kept the Lyons informed on the status of other pending claims arising from the crash, so they were aware of the policy limits balance, Glassman said.
“When the time came to commence negotiations, counsel for the excess carrier was brought into a cooperative atmosphere,” he said, “and within a few weeks, settlement was achieved.”
Daniel E. Copeland, 49, was a truck driver for a confidential trucking company in Michigan. He was driving a semitrailer eastbound on Interstate 70 in Saline County on June 12, 2007.
As Copeland entered a construction zone, he admitted, he reached down to pick up his cell phone and took his eyes off traffic. He struck five vehicles while allegedly traveling at an excessive speed.
Kathleen and Melvin Lyon, a married couple from St. Louis County, occupied one of the vehicles struck by the semitrailer. They were returning home after attending a grandchild’s recital.
Kathleen Lyon, 54, suffered fractures of T11-T12, L1-L4, and three ribs, requiring posterior fusion of T11-L1 with an iliac crest bone graft. She subsequently underwent T11-L1 implant removal and T11-T12 foraminotomies. She was disabled for a year from her job as a daycare worker and massage therapist.
Melvin Lyon, 60, suffered fractures of T4-T9 spinous processes and L2-L4 transverse processes requiring a lumbar brace. He was disabled for three months from work as a systems specialist for Regional Justice Information Services.
Following disposition of all lesser injury claims, the Lyons asserted their settlement demands. Within 90 days, the primary and excess insurers of the trucking company met with counsel for the Lyons and agreed to settle with Kathleen Lyon for $1,150,000 and Melvin Lyon for $250,000.
James B. James, Springfield attorney for the defense, did not respond to requests for comment.
■ $1.4 million settlement
Personal Injury/Vehicular
■ Case Number/Date: Not filed/Oct. 10, 2008
■ Plaintiff’s Experts: Dr. Theodore Choma, Columbia (orthopedic spinal surgeon); Scott Sergent, Columbia (accident reconstruction)
■ Special Damages: $247,475 medical expenses, $18,995 past and future lost wages for Kathleen Lyon; $60,345 medical expenses, $21,955 past lost wages for Melvin Lyon
■ Insurance Carrier: Clarendon National Insurance Co. and AXIS Surplus Insurance Co.
■ Plaintiff’s Attorney: Stephen M. Glassman, The Glassman Law Firm, St. Louis
■ Defendants’ Attorneys: James B. James, Brown & James, Springfield
December 22, 2008
