The Missouri Court of Appeals issued an opinion earlier this week in favor of Casey, Devoti & Brockland client, Peter Dittrich.
Dittrich was injured in a motor vehicle collision on February 2015, when the Jeep Liberty he was driving was struck by a trash truck in Jefferson County. The crash happened on Missouri Highway 30 near the intersection of Medley Drive. The impact occurred as Dittrich attempted to pass the refuse truck, which was moving in the same direction as his Jeep. Just before impact, the trash truck’s driver turned his truck to the left, across the highway’s centerline and toward Medley Drive.
Just before trial, the trial court issued summary judgment in favor of the trash truck’s driver and his employer, Waste Management. Though Dittrich was passing the truck in an approved passing zone, the trial court held that the act of passing within 100 feet of the intersection impeded Dittrich’s ability to hold the driver responsible for his injuries. The Court of Appeals disagreed, reversing the trial court’s order and sending the case back to the Circuit Court of Jefferson County for jury trial. The appellate court held that the case involved comparative fault, and thus should have been submitted to a jury to assess each party’s respective fault.
About Casey, Devoti & Brockland
Casey, Devoti & Brockland is a St. Louis-based law firm focused exclusively on personal injury litigation. Since 1983, our attorneys have helped injured people navigate the road to recovery by securing compensation for pain and suffering, medical expenses and lost wages. Together Partners Matt Casey, Matt Devoti and Anne Brockland have nearly 50 years of trial experience handling the following personal injury matters: car, truck and train crashes, victims of impaired and distracted driving, medical malpractice, birth injuries, product liability, premises liability, elder and sexual abuse, Workers’ Compensation and wrongful death. We proudly serve clients throughout metropolitan St. Louis, southeastern Missouri and southern Illinois.
Our highly accessible attorneys deliver the perfect balance of aggressive legal representation, compassion and personal service. If you or a loved one have been injured by the negligence of another, call the office today for a free, no-obligation consultation: (314) 421-0763.