Springfield-area accident results in settlement

A southwest Missouri couple settled a motor-vehicle injury claim for $461,000 after an 18-year-old driver struck their car in 2009.

Randall and Barbara Gaynor of Ash Grove received $300,000 from State Farm, the teen driver’s insurance company, and $161,000 from their own underinsured motorists’ policy with Liberty Mutual, said plaintiff’s attorney Stephen Aton of Springfield.

According to a Missouri Highway Patrol report, Randall Gaynor was driving a 1994 Ford Ranger on eastbound U.S. Highway 160 in Greene County on Dec. 31, 2009, with his wife as a passenger when a westbound 1995 Pontiac Grand Prix driven by Ashlee Buck of Nixa hit them.

“The other driver simply pulled out into the road from the shoulder and made an unexpected U-turn in front of my clients,” Aton said. Three witnesses confirmed that account to the highway patrol.

Randall Gaynor, 53 at the time, injured his left hip and later needed a total hip replacement, his lawyer said.  His 55-year-old wife suffered a frontal lobe injury and continues to have short-term memory loss, Aton said.

After an initial offer of $20,000 from Liberty Mutual, the Gaynors received a final settlement more than eight times that amount from their insurer on Oct. 31.

Buck was not represented by an attorney. Adjusters for both State Farm and Liberty Mutual did not respond to requests for comment.

MOTOR VEHICLE COLLISION

Venue: Dade County Circuit Court

Date: Oct. 31, 2012

Special Damages: $60,000, Randall Gaynor medical costs; $42,000, Barbara Gaynor medical costs

Last Pretrial Demand: $461,000

Last Pretrial Offer: $461,000

Insurer: State Farm Insurance (for Buck); Liberty Mutual
Insurance (for the Gaynors)

Caption: Randall and Barbara Gaynor vs. Ashlee Buck

Plaintiffs’ Attorney: Stephen F. Aton, Springfield

Defendant’s Attorney: None

First Settlement Demand: $500,000

First Settlement Offer: $300,000 from State Farm (policy limits); $20,000 from Liberty Mutual