Concussed man loses rural collision claim in St. Charles

A man seeking $4 million before trial failed to sway a St. Charles jury in his favor. He alleged that a company truck driver caused the collision that resulted in a traumatic brain injury.

On July 24, 2021, Thomas Ward had pulled forward from his private drive into the through lane to see past foliage on the side of the road. A Frisella Nursery truck driver hauling a Bobcat utility vehicle in a trailer did not stop and collided with Ward. Out of its three brakes, the company trailer had a single operational brake.

Ward experienced a traumatic brain injury as well as injuries to his neck. Due to his injuries, he could no longer operate his motorcycle manufacturing company.

Corey L. Kraushaar of Brown & James in St. Louis represented the truck driver and Frisella Nursery. In a May 13, 2024, motion for a directed verdict, Kraushaar wrote that an eyewitness had seen Ward pull forward a total of 18 feet as the truck driver approached from 500 feet away, blocking the truck driver’s lane and half of the turn lane. Kraushaar stated that Ward had caused the accident, had admitted fault and lacked credible testimony to support his negligence claim.

“Since Plaintiff has not met his burden of providing substantial evidence supporting each essential evidence of his case, this case is properly ended on directed verdict at the close of Plaintiff’s evidence,” Kraushaar wrote.

The jury ruled in favor of the truck driver and Frisella Nursery on May 31.

Alan Mandel of Mandel, Mandel, Marsh, Sudekum & Sanger in St. Louis represented Ward. He declined to comment.

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Defense verdict

Total Value: $0

Verdict date: 5/30/2024

Type of Action: Motor vehicle collision

Court: St. Charles County Circuit Court

Case Number: 2111-CC00733

Caption: Thomas Ward v. Frisella Nursery, Inc., Jose Bocanegra Gonzalez

Injuries Alleged: Head, brain, neck

Injuries Detail: Traumatic brain injury, head, and neck. Plaintiff could no longer operate his motorcycle manufacturing company and had ongoing issues.

Last Pre-Trial Demand: $4,000,000

Tried Before: Jury

Presiding: W. Christopher McDonough

Attorney for Plaintiff: Alan Mandel, Mandel, Mandel, Marsh, Sudekum & Sanger (St. Louis, Missouri)

Attorneys for Defendants: Corey L. Kraushaar, Thomas Felman, Brown & James, P.C. (St. Louis, Missouri)

Plaintiff Expert: Kevin Johnson, accident reconstruction, Crash Consulting Services (Zionsville, Indiana)

Defendants’ Expert: Jeff Polster, professional engineer, accident reconstruction, Semke Forensic (St. Charles, Missouri)