$1.3 Million Settlement
Donald Childers, a 52-year-old sales and delivery driver for Hostess Cake, sued Rent-A-Center, Inc. after he was involved in an accident on June 13, 1998.
Childers was driving westbound on Highway 141 in St. Louis County near the intersection of Arnold Church Road when a Rent-A-Center truck turned left in front of him from an improper lane and against the signal.
The collision knocked the Hostess truck on its side and into a light post, crushing the top of the truck and pinning Childers inside. He was air lifted to St. John's Mercy Medical Center, where he spent three weeks after undergoing surgery. He suffered rib fractures, an open elbow fracture and lacerations, closed clavicle fracture, herniated diaphragm and a closed head injury.
Childers claimed he was not able to return to his job, which he had held for more than 22 years. He developed symptoms of depression in addition to chronic pain and claimed he was unable to find alternative employment.
Rent-A-Center argued comparative fault and produced evidence that Childers was physically and mentally able to work. Mediation was unsuccessful, but the case settled 10 days before trial.
There was a workers' compensation subrogation lien for $256,000 on the liability claim.
Type of Action: Automobile accident
Type of Injuries: Rib fractures, open elbow fractures and laceration, closed clavicle fracture, herniated diaphragm, closed head injury and depression.
Court/Case Number/Date: St. Louis City Circuit Court/002-00987/Jan. 3, 2002
Caption: Childers, et ux. v. Rent-A-Center, Inc., et al.
Judge, Jury or ADR: Mediation
Name of Judge: Not assigned
Verdict or Settlement: $1.3 million settlement
Special Damages: $145,000 medical expense, $550,000 past and future wage loss plus lost benefits
Allocation of Fault: N/A
Last Offer: N/A
Last Demand: N/A
Attorney for Plaintiff: James G. Krispin, Clayton
Insurance Carrier: Traveler's (primary coverage); AIG (excess coverage)
Plaintiff's Experts: Dr. Gelene Adkins, St. Louis (psychologist); James England, St. Louis (vocational rehabilitation); Dr. Robert Margolis, St. Louis (neurologist); Dr. William Richardson, St. Louis (pain management); Dr. Stanley Sakabu, St. Louis (trauma surgeon); Dr. William Sasser, St. Louis (thoracic surgeon)
Defendant's Experts: June Blaine, Belleville, Ill. (vocational rehabilitation): Dr. Russell Cantrell, St. Louis (physiatrist); Dr. Robert Fucetola, St. Louis (psychologist); Dr. Bernard Randolph, St. Louis (physiatrist)
January 28, 2002
