Pedestrian injured in parking lot settles for $3M on first day of trial

A Jefferson County jury trial ended early when a 61-year-old pedestrian struck by a car in a Quik Trik parking lot settled his personal injury lawsuit against the driver’s employer for $3 million on the trial’s first day.

Jerry Earl of Cockrin, Georgia, sued Capital Railroad Contracting Co. over the June 3, 2021, incident in Herculaneum. Earl was walking across the parking lot — in the predawn hours as it was raining — when he was hit by a 2020 GMC Sierra pickup truck operated by Ronald Wadlow, 60, of Ironton.

According to a Herculaneum Police Department report and lead defense attorney Tracy Cowan, Earl initially said he was not injured and declined medical treatment at the scene. He would later undergo two microdiscectomies and one fusion surgery for cervical and lumbar spine herniations.

“The tenure of this case would change over time,” Cowan said, referring to Earl’s injuries but acknowledging “clear liability.”

The late April settlement came after a final pretrial offer of $2 million the Friday before trial and an initial demand of half that amount, said lead plaintiff’s attorney Zane Cagle.

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$3 million settlement

Motor vehicle collision

Venue: Jefferson County Circuit Court

Case Number/Date: 22JE-CC00027/ April 22, 2025

Plaintiff’s expert: Dr Mark Flood, Macon, Georgia (orthopedic medicine)

Defendant’s expert: Dr. Frank Petkovich, St. Louis (orthopedic medicine)

Injuries alleged: back, neck, arm, knee, hip, spine

Injuries detail: Cervical and lumbar spine herniations, requiring multiple surgeries

Insurer: AIG (for defendant)

Caption: Jerry Earl v. Capital Railroad Contracting

Plaintiff’s attorneys: Zane Cagle (lead) and Andrew Mundwiller, The Cagle Law Firm,

St. Louis; Derrick Good, Thurman, Howard, Weber, Sekel & Norrick, Hillsboro

Defendant’s attorneys: Tracy Cowan (lead) and Alden Hayward, Lewis Brisbois, Bisgaard & Smith, St. Louis