July 22, 2002

Trial Report

The family of John Ziles sued A.J. Metler Hauling & Rigging Inc. of Knoxville, Tenn., and truck driver Russell Moore after Ziles was killed in a July 2000 collision. They also sued several other defendants who were involved in the crash and an uninsured motorist carrier.

Ziles, 42, was a passenger in a 1998 Volvo driven by his son on eastbound Highway 270 near the Old Halls Ferry Road overpass in St. Louis County. Traffic was slowing and stopping because an uninsured motorist had stopped in the left passing lane. Moore was unable to stop his truck and caused a six-vehicle crash.

The plaintiffs presented evidence that Moore was speeding. The defendants denied that Moore was speeding and argued that the uninsured motorist caused the accident.

The claim was partially settled against A.J. Metler and Moore for $5,950,500. The case against the remaining defendants is set for trial in November 2002.

Type of Action: Automobile/tractor trailer accident

Type of Injuries: Death

Court/Case Number/Date: St. Louis City Circuit Court/002-08271/July 2002

Caption: Ziles, et al. v. A.J. Metler Hauling & Rigging, Inc., et al.

Judge, Jury or ADR: Mediation

Name of Judge: Margaret Neill

Verdict or Settlement: $5.9 million settlement

Special Damages: N/A

Allocation of Fault: N/A

Last Offer: N/A

Last Demand: N/A

Attorneys for Plaintiff: Robert F. Ritter and Nancy R. Richards, Gray, Ritter & Graham, St. Louis

Insurance Carrier: Greenwich Insurance Company, Lexington Insurance Company (excess umbrella policy)

Plaintiff's Experts: None

Defendant's Experts: None


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