Kim Markley v. MHTC (Missouri Highways and Transportation Commission)

Case Type

Case Description - On September 28, 2006 at approximately 4:15 p.m., Rickey Howes was driving his Red 1991 GMC 3500 truck with an attached trailer traveling westbound on Route C toward Missouri 41 Highway in Saline County, Missouri. As Mr. Howes approached Missouri 41, he began to apply his brakes and immediately began sliding. Mr. Howes was unable to stop his vehicle and skidded onto Missouri 41. Mr. Howe's vehicle was hit by another truck and he ultimately passed away due to his injuries. The death was on July 2, 2008 and the cause of death was listed as sepsis.

Plaintiff alleged that MHTC improperly applied a chip and seal covering on the road. One witness testified that MHTC ran out of the "chip" portion and just put down oil. Other witnesses testified about the slickness of the road and cars tires spinning in the oil. All of the MHTC employees testified that the improvements to the road were done properly. Expert Larry Gillen, an engineer from Marengo, IN, testified that if the roadway was in such a condition, the chip and seal was improperly applied. Past medical bills were $660,485. Dr. Glenn Talboy, a surgeon at Truman Medical Center in Kansas City, testified that the cause of death was the wreck. Defendant argued that the cause of death was unrelated, that the chip and seal was applied properly and that Howes was comparatively at fault.

The 3 arbitrators were Bill Sanders, Nancy Kenner & Richard Moore. The $315,000 arbitration award was signed by Judge Dennis Rolf of Lafayette County on 9/3/09. Case Number was 06SA-CV00250-01. Defense counsel was Gary Holtmeyer with MHTC

Read the full article at: When an Outdated Design Finally Needs to be Put to Bed: The Government's "State of the Art" Defense in Road Design Cases


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Past results afford no guarantee of future results and every case is different and must be judged on its own merits.

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