Lawyer driving 114 mph at time of crash, attorney says

An attorney for a car crash victim’s family said Clayton lawyer Scott Bailey was driving 114 mph at the time of impact during the fatal accident in Frontenac last month.

On July 8, two vehicles, including a Ford Mustang driven by Bailey, 44, were racing southbound on Lindbergh Boulevard before they struck another vehicle, according to a press release from Frontenac Police. Kathleen Koutroubis, 73, who was in the other vehicle, died after the crash.

An accident reconstructionist hired by John Rogers, of Rosenblum, Schwartz, Rogers & Glass, determined that Bailey’s Mustang was traveling at 114 mph at the point of impact, while the other vehicle, a BMW driven by Haven Sooter, was driving in excess of 120 mph. Rogers is representing the victim’s family.

Rogers said he is not in possession of any discovery from the police department at this time.

“It comes from accident reconstruction experts speaking to each other and relaying that information to me,” he said.

Bailey’s attorney, Travis Noble, previously told Missouri Lawyers Weekly he hadn’t seen any evidence of racing.

On Monday, Noble also said he hasn’t seen any accident reconstruction information from police, but said he will also have an expert look at information on the vehicle’s “black box.”

“I want my expert, or an expert, to look at the case before I reach any conclusions about whether he was or was not going 114 miles per hour,” he said.

When asked if he could confirm the speeds, a spokesman for Frontenac Police said he did not have that information.

Charges have not yet been filed in the case. The police have said they plan to seek involuntary manslaughter and driving while intoxicated charges.

Both attorneys said it was not unusual that charges had not yet been filed.

“They’re usually pretty diligent when they undertake any investigation before they shape conclusions or file charges,” Noble said.

Rogers said his clients are waiting for more information before they decide if they will file a civil suit.

“We’re waiting to receive all the test results and the accident reconstruction reports,” he said. “We’re going to consult with our own accident reconstruction experts and make a decision at that time.”

Bailey has a solo practice specializing in personal injury law.

Bailey and Sooter are fighting revocation of their driver’s license for allegedly refusing alcohol breath tests after the accident.

Sooter’s attorney, Daniel E. Diemer, could not be reached for comment.