$500,000 Verdict
A passenger who suffered emotional injuries from a drunk driving accident that killed his father has won $500,000 in his uninsured motorist case against the insurance carrier.
On Nov. 8, 1998, William Brown Jr. was a passenger in a pickup truck being driven by his father on US 67 in St. Francois County. A drunk driver crossed the center lane and hit the Brown's pickup truck head-on. The collision killed his father and caused Brown to suffer severe emotional injuries.
The drunk driver was uninsured. The father's insurance carrier, Allstate Insurance Company, paid the uninsured motorist policy limits on the father's death claim prior to trial.
Brown made a claim for his injuries, which included post-traumatic stress disorder, depression, cognitive dysfunction NOS, and a herniated cervical disk — for which he did not receive medical treatment. Brown had preexisting PTSD resulting from physical and sexual abuse by his mother. He had also struggled with a learning disability prior to the collision.
Allstate disputed the severity and extent of Brown's injuries. Allstate further argued that his emotional problems were preexisting and not caused by the accident.
After a three-day trial and 20 minutes of deliberation, the jury returned a unanimous verdict in favor of Brown, awarding him $500,000. The judgment was reduced to $375,000 pursuant to a high-low settlement reached prior to trial.
Type of Action: Automobile accident — uninsured motorist
Type of Injuries: Post-traumatic stress disorder, cognitive dysfunction, depression
Court/Case Number/Date: St. Louis City Circuit Court/022-9994/Nov. 3, 2004
Caption: Brown v. Allstate Insurance Company
Judge, Jury or ADR: Jury
Name of Judge: Philip D. Heagney
Verdict or Settlement: $500,000 verdict
Special Damages: $20,000 medical expenses
Allocation of Fault: N/A
Last Offer: $250,000
Last Demand: $375,000
Attorney for Plaintiff: Joan M. Lockwood, Gray, Ritter & Graham PC, St. Louis
Insurance Carrier: Allstate Insurance Company
Plaintiff's Expert: Dr. Jule Miller, St. Louis (psychiatrist); Dr. Richard Wetzel, St. Louis (neuropsychiatrist); John Yunker, St. Louis (psychologist)
Defendant's Experts: None
March 14, 2005
