Smith v. Shelter

Larry and Karen Smith v. Shelter Mutual Insurance Company

Circuit Court of Jackson County, Missouri, Docket #: CV97-26836

Judge: Jay Daugherty, Division 13.

John Schultz, attorney for Shelter Mutual Insurance Company.

Type of Claim: Automobile accident. Plaintiffs, husband wife, brought suit against defendant insurance company for uninsured motorist benefits. The plaintiff (husband) suffered a crushed hand and crushing, degloving injury to his left leg, and emotional distress when his vehicle was struck from the rear by an uninsured vehicle. The plaintiff contended that his vehicle was forced off an icy roadway by a non-party vehicle, when he attempted to return his vehicle to the roadway he was struck by the uninsured. Plaintiff further contended that defendant failed to uphold his policy benefits. Defendant insurance company denied liability and contended that the plaintiff failed to keep a proper lookout, failed to maintain control of his vehicle and operated his vehicle at an excessive rate of speed for the weather conditions.

Damages Alleged: Plaintiff Larry Smith suffered a crushed hand; and crushing, degloving injury to his left leg ($174,283 medical expenses and $232,000 lost income); and wife’s claim for loss of services.

Plaintiff’s Experts: Videotape depositions of Charles Ledbetter, M.D. (Harrison, Arkansas); John Putnam, M.D. (Springfield, MO); Larry Cox (economist) (Springfield, MO); and Wilbur Swearingin (vocational rehabilitation) (Springfield, MO).

Defendant’s Experts: None presented.

Demand Before Trial: $100,000

Offer Before Trial: None.

Verdict: No fault found - no recovery to plaintiff.