Accident Resulting in Amputation Settles for $2.875 Million
Walter T. Nelson v. White Construction, Inc. and Michael Montgomery v. Nooter Construction Company
John W. Patton Jr. achieved a highly favorable settlement on behalf of our clients White Construction, Inc. and Michael Montgomery, in this negligence action seeking compensatory and punitive damages. The case, settled on the evening before the trial, was to have commenced before federal Judge G. Patrick Murphy in Madison County, Illinois. That county, near St. Louis, has a national reputation as one of the most plaintiff-friendly jurisdictions in the country: the tobacco industry is still fighting an appeal of a $10 billion judgment entered against it in a Madison County court last year.
On November 7, 2002, at the Marathon refinery in Robinson, Illinois, plaintiff Walter Nelson exited the refinery on a bicycle. As Plaintiff began to ride away, a forklift, driven by defendant Montgomery, rode onto his left leg. Montgomery did not see Nelson until too late to prevent the accident. Plaintiff sustained severe injuries to his left lower leg, which required amputation below the knee one week later.
A urinalysis test on Montgomery returned a positive for the drug methamphetamine. Montgomery testified that he had taken the substance only once, several days before the accident, and there was no extrinsic evidence that Montgomery was intoxicated at the time of the accident. Nevertheless, the plaintiff argued that Montgomery’s driving was still impaired by the drug he took days earlier.
The plaintiff made a demand of $6 million early in the litigation. This demand was only reduced to $5.75 million dollars during a court-ordered settlement conference. A Daubert hearing was held, at which John Patton and W. Mark Sickles successfully argued that plaintiff’s toxicology expert’s opinions regarding methamphetamine intoxication had no basis in scientific fact; the judge excluded those opinions. After this and several other favorable defense rulings on motions in limine, settlement talks resumed more productively.
The third party action filed on our clients’ behalf against Nooter remains pending and is scheduled for trial this December. Plaintiff has recently sought to file a complaint against Marathon, the owner of the property where the accident took place. The Court denied this motion.