Accident Killed 4-Month Old and Parents

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December 18, 1999

Accident Killed 4-Month Old and Parents

The Kansas City Star - December 18, 1999

Ruth E. Igoe
The Kansas City Star
12/18/1999

The plaintiffs were the parents of a 29-year-old husband and 30-year-old wife who were killed along with their 4-month-old daughter in an accident with a drunk driver. They sued the driver.

The accident happened on Interstate 435 in Kansas City on Dec. 25, 1998. The decedents were heading home from a Christmas celebration at approximately 10:00 p.m. The defendant’s auto crossed the median of I-435 and struck the decedents’ car head-on, killing all three occupants. The defendant survived and attempted to flee, but was apprehended by a Jackson County detention officer who happened on the scene. The defendant later measured .16 VAC, .06 over the legal limit.

The plaintiffs claimed the defendant was driving while intoxicated, was speeding, and crossed the center line. A Kansas City police department accident investigator determined from the skid marks that the defendant was traveling at a minimum of 85 mph, and an eyewitness estimated that he was driving approximately 100 mph and weaving in and out of traffic just before the accident.

The defendant did not put on evidence. Defense counsel pointed out that defendant told police on the night of the accident that he was cut off by another vehicle.

The jury returned a compensatory damages verdict of $9.9 million and a punitive damages verdict of $13.5 million.

Prior to the civil verdict, a Jackson County jury convicted the defendant of involuntary manslaughter in the three deaths, and of second-degree assault for injuring two persons in another car involved in the crash. That jury recommended a sentence of 23 years, although sentence had not been imposed as of the civil trial.

Type of Action: Negligence

Type of Injuries: Three deaths

Court/Case Number/Date: Jackson County Circuit Court/99CV208562 / Dec. 17, 1999

Caption: Henderson, et al. v. Fields

Judge, Jury, or ADR: Jury

Name of Judge: Thomas C. Clark

Special Damages Claimed: $3,380,000 lost future wages

Verdict or Settlement: $23.4 million verdict.

Allocation of Fault: N/A

Last Offer: Not disclosed

Last demand: Not disclosed

Attorneys for Plaintiffs: Gary C. Robb and Anita Porte Robb, Kansas City

Insurance Carrier: confidential

Plaintiffs’ Experts: Dr. Sam Gulino, Kansas City (medical examiner); Timothy Harms, Kansas City (accident reconstruction); William Newhouse, Kansas City (blood alcohol analysis); John O. Ward, Kansas City(economist)

Defendant’s Experts: None

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