Robin Berhorst v. Liberty Towing, Brian Mason, Barbara Tucker.

Case Type
Injuries, , , , , , ,

Case Description - Plaintiff Robin Berhorst was sandwiched between a tow truck and another car in a three-vehicle collision. He settled his Clay County case against the other drivers for $890,000.

Barbara Tucker was driving a 2003 Mercury Grand Marquis South on U.S. 69 Highway in Clay County, Missouri. Tucker allegedly stopped in the middle of the driving lane, rather than in the center turn lane, to make a left turn onto Rose Avenue.

Robin Berhorst, 52, was driving a 1996 Toyota Tacoma South on U.S. 69 Highway. Berhorst stopped behind Tucker while waiting for her to make the left turn.

Brian Mason driving behind Berhorst in a 2004 International 4300 truck owned by Liberty Tow Service, Inc. Mason was allegedly not paying attention when he crashed into the rear of Berhorst's car. The impact forced Berhorst's car to hit Tucker's car.

Berhorst suffered injuries to his neck, back, arms, legs, and head, including but not limited to severe ligamentous damage, pain, and trauma to the spine and body as a whole. He claimed damages for future medical care as well as loss of income. Mr. Berhorst's expert Sheryl Bunce, a certified life care planner, estimated that the cost of his future medical care would range from $713,444.00 and $1,315,563.00. Dr. L. Kenneth Hubbel, an economist, determined that Mr. Berhorst had a total of $1,469,694.00 present value loss in income after calculating lost earning capacity, lost 401(k) and Social Security Benefits, and lost household services. In addition to Dr. Hubbell and Nurse Bunce, plaintiff also had testimony from Mr. Michael Dreiling, a vocational rehabilitation consultant who would testify that Mr. Berhorst would never work again, and Dr. Steven Simon, a physiatrist, who would testify that Mr. Berhorst's injures were directly caused by the collision. Initially, he demanded Tucker and Liberty's combined $1.1 million policy limits.

About six months before the scheduled trial date, the parties agreed to settle for $890,000.


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