Trial ends in $1M wrongful death settlement before defendant testifies

A $1 million settlement was reached in a wrongful death suit out of St. Louis County Circuit Court.

The settlement was reached May 21 following two days of a trial overseen by Judge John Borbonus, resolving before the defendant took the stand.

The plaintiff, Amy Daugherty, filed the suit against defendant Jennifer Jackson, after the death of Daughtery’s son, 27-year-old Adam Whittington.

In July 2023, Whittington drove while intoxicated with a blood alcohol of .33 percent. He caused a fender bender accident, which disabled his car. He stopped on the Jefferson Barracks Bridge in south St. Louis County and turned off his lights. Shortly after, defendant Jennifer Jackson, a pediatric nurse, rear-ended Whittington’s vehicle without braking.

Jackson had been driving 71 miles per hour in a 55 miles per hour construction zone when she rear-ended Whittington and was arrested for driving under the influence after failing field sobriety tests. Blood test results showed Jackson had unprescribed Xanax and methadone in her system.

Daugherty made a pre-suit demand for the $25,000 policy limits, contingent on Jennifer Jackson giving a statement under oath. After the insurance company failed to produce Jackson for statement on multiple requests, Daugherty filed a lawsuit. The plaintiff argued the insurer failed to accept a policy limit demand.

Before the trial, Jackson’s insurer, Progressive, offered a $750,000 settlement. Daughterty proceeded to trial, picking a jury and producing two days of evidence before the case was resolved for $1 million, before Jackson took the stand.

The plaintiff was represented by John M. Simon and Jared Waldhoff of Simon Law in St. Louis. The defendant was represented by James Wilke of Wilke & Wilke in St. Louis.

“Our client is grateful that the jury understood her son did not deserve the death penalty for a traffic violation, and we hope that this case sends a message to insurance carriers that failing to protect their insureds has real life consequences,” Simon stated.

Wilke could not provide comment on the settlement.

Wrongful death

Amount of settlement: $1 million

Type of action: Wrongful death

Venue: St. Louis County Circuit Court

Case number/Date: 24SL-CC00055, May 21, 2025

Caption: Amy Daugherty v. Jennifer Jackson

Plaintiffs’ Experts: None

Defendants’ Experts: None

Insurance Carrier(s): Progressive, for defendant

Injuries alleged: Death

Plaintiff’s Attorney(s): John M. Simon and Jared Waldhoff of Simon Law in St. Louis

Defendant’s Attorney(s): James Wilke of Wilke & Wilke in St. Louis