Arbitration panel reduces award in deadly motorcycle collision on I-70

The surviving partner of a St. Louis motorcyclist who died in a July 2020 collision with a state DOT truck on Interstate 70 will receive $750,000 in damages, an arbitration panel determined.

The settlement resolves a 2021 wrongful death lawsuit in which the Missouri Highways and Transportation Commission was accused of creating an unreasonably dangerous condition on the roadway in its negligent attempt to remove a mattress that was partially blocking traffic on the busy interstate highway.

According to the complaint, the state vehicle — with its emergency lights activated — unexpectedly stopped in the far-left lane of westbound I-70, with the mattress debris in the center lane and traffic slowed in the right lane, “effectively and unexpectedly blocking all three lanes,” according to lead plaintiff’s attorney Daniel Ryan.

Watkins was one of three motorcyclists trailing the state vehicle; the first two were able to maneuver in between the MHTC truck and the mattress to avoid collision. Watkins clipped the right rear of the state truck, leading to his death.

The dispute went to an arbitration hearing in March before Columbia attorney Wally Bley; Gerard Noce of St. Loui’ and Michael David, a former 22nd Circuit Court judge who is now in private practice.

In its written ruling, the mediators determined that “despite the obvious good intentions” of the defendant, “the fact remains that where two of the three lanes of I-70 were effectively blocked, suddenly stopping in the last available lane…negligently created an unreasonably dangerous condition” that contributed to the fatal collision.

That said, they further found Watkins 75 percent responsible, reducing the $3 million award to $750,000 due to comparative fault. With the applicable state statutory cap, the gross recovery amounts to $517, 306, Ryan said.

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$3 million arbitration award

Wrongful death (motor vehicle collision)

Breakdown and distribution of value: $3 million award reduced to $750,000 due to comparative fault;

Subject to applicable statutory cap of $517,306

Allocation of fault: 25 percent defendant, 75 percent plaintiff

Venue: City of St. Louis Circuit Court

Case Number/Date:  2122-CC00519/April 22, 2025

Defendant’s Expert: Adam Forest, Maryland Heights (engineering)

Caption: Malaika Gaston, surviving spouse of James Watkins v. Missouri Highway and Transportation

Commission, Timothy Grant

Plaintiffs’ Attorneys: Daniel Ryan (lead) and Alyson Martinez, Holland Injury Law, St. Louis

Defendants’ Attorneys: John Kemppainen Jr. (lead) and Jennifer Woulfe; Galloway, Johnson, Tompkins,

Burr & Smith, St. Louis

Special damages: $2.2 million in lost income