Both sides accept verdict in fatal Illinois bridge crash
David Baugher//January 21, 2022//
Illinois jurors awarded $500,000 to the family of a 5-year-old girl killed while riding in a truck as it crossed the Mississippi River.
The decedent, Emma Mae Wilson, was an unauthorized passenger in a Marathon Transport tractor-trailer on Oct. 21, 2019. While traveling eastbound on the Poplar Street Bridge in St. Louis, the truck struck a concrete barrier that separates the lanes of traffic. A 30,000-pound aluminum ingot came loose and crushed the cab of the truck.
The decedent’s biological grandmother, Melissa Ashley, launched the suit. She was also the spouse of the driver, Janette Kirby, who was ultimately dismissed from the case. Both were the girl’s legal guardians.
Ted Perryman of Roberts Perryman, which defended Marathon Transport, said the driver claimed that an unknown vehicle caused the incident.
“There was a lot of testimony on damages,” Perryman said. “The 5-year-old survived for about two hours, so there were a number of medical doctors who testified that she died while undergoing brain surgery.”
Erica Slater and Tim Cronin of the Simon Law Firm, who represented the decedent’s estate, cast doubt on an unknown vehicle’s involvement in the crash but argued that the driver was negligent regardless.
“What we were able to prove at trial with tire marks is she wasn’t even in the lane they were claiming,” Cronin said. “She was on the right side of the bridge and, at the last second, she tried to get over to the left side because she had admitted she thought she had to be on the left side to get where she was going.”
Perryman said the verdict was a good outcome since it was below the last demand and opposing counsel had mentioned as much as $20 million to $25 million as a possible verdict.
Cronin and Slater said they had left the suggested award somewhat open-ended in closing and they also were satisfied with the verdict.
The case was not appealed, as the verdict fell within the boundaries of a high-low agreement the parties reached prior to trial.
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$500,000 verdict (out of state)
Wrongful death
Venue: St. Clair County, Illinois, Circuit Court
Case Number/Date: 19-L-882/Oct. 21, 2021
Last Pretrial Demand: $2 million
Last Pretrial Offer: $550,000
Insurer: Canal Insurance Company
Caption: Melissa Ashley as special administrator for the estate of Emma Mae Wilson v. Marathon Transport
Plaintiffs’ Attorneys: Erica Slater and Tim Cronin, The Simon Law Firm, St. Louis
Defendants’ Attorneys: Ted Perryman and Matt Plese, Roberts Perryman, St. Louis
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