Patton & Ryan

Robin Wright, as Special Administrator of the Estate of Mary K. Wright, Deceased, v. Bruce A. Anderson and Purdy Bros. Trucking Co., Inc.

Two weeks prior to the January 31 trial date, Patton & Ryan was retained to represent the defendants, Purdy Bros. Trucking, Inc., and its driver, Bruce A. Anderson. On August 11, 2003, Mary K. Wright, age 72, was driving eastbound on Route 6 approaching an entrance road to the Monterrey Mushroom plant in Selby Township, Bureau County, Illinois. As Mrs. Wright approached the driveway, a semi tractor-trailer owned by Purdy and operated by Anderson was proceeding north on the driveway to exit the plant. Mr. Anderson stopped at the intersection with Route 6, but did not observe the approaching Wright vehicle on his left, even though there was nothing obstructing his vision. As Mr. Anderson began his left turn onto westbound Route 6, his truck was immediately struck on the driver’s side by the vehicle driven by Mrs. Wright. There were no skid marks left by the Wright vehicle.

Mrs. Wright sustained serious degloving injuries to both of her legs, a complex open fracture to her right leg, multiple fractures to her left arm with deformities and multiple bilateral rib fractures. Mrs. Wright remained hospitalized for 55 days. During that time, she underwent multiple surgical procedures, had a leg amputated, remained intubated for a substantial period, and developed a pulmonary embolism.

Her husband and eight adult children, two of whom were registered nurses, decided on a do not resuscitate order, and Mrs. Wright expired on October 4, 2003. Mrs. Wright’s medical billings totaled just over $503,000.00, of which approximately $115,000.00 was paid by Medicare as full payment for services rendered.

Plaintiff’s complaint alleged wrongful death and survival actions against both defendants. Primary counsel was unsuccessful in eliciting any favorable opinions regarding liability in this accident, and thus liability was admitted at trial. Defendant Bruce Anderson was dismissed as a defendant upon the admission of liability.

Patton & Ryan’s trial attorney, W. Mark Sickles, brought a number of successful pre-trial motions. The defense excluded the testimony of Mrs. Wright’s family members as to statements she made in the hospital regarding the cause of the accident. Also kept out was testimony of the Wright family regarding Mrs. Wright’s medical condition and prognosis. Although a motion to exclude the testimony of the plaintiff’s nursing expert was only partially granted, the plaintiff ultimately decided, after successful cross-examination of treating physicians, to withdraw this witness.

The jury’s verdict ultimately totaled $4.2 million. During voir dire of the jury panel, plaintiff’s attorney intimated that an appropriate award would be in the range of eight to ten million dollars. The potential for a verdict this large was not outside the realm of possibility given the facts of the case and the emotionally laden testimony of Mrs. Wright’s family members.