Jury Verdict Leads to $4.25M Award to Crash Victim in Case that Supports Elder Rights
In a judgment against a trucking company, civil jury places a high value on relationships for the elderly and retired
By: McIntyre Law
TULSA, Okla. - Oct. 4, 2018 - PRLog -- Contact: Noble McIntyre, McIntyre Law Firm, P.C.
A civil jury has ordered Doug Butler Enterprises of Tulsa, Oklahoma to pay $3-million for a 2016 vehicle collision involving an elderly retired couple. As the jury was preparing to discuss an additional award for punitive damages, the case was settled for $4.25 million.
· The Eickstaedts were retired and had no children or dependents.
· Midcontinent Insurance initially offered Mr. Eickstaedt only $250,000 to settle his personal claim and that of his deceased wife.
· The Oklahoma Highway Patrol discovered multiple deficiencies when examining the Butler Enterprises trailer, and determined that it was unfit for use in its pre-crash state.
· The jury awarded such a significant amount out of an understanding of the true impact of Mr. Eickstaedt's loss of support and companionship in his golden years, as well as the severe nature of the negligence on behalf of Doug Butler Enterprises.
The Eickstaedts were driving through south Tulsa pulling an empty 18 foot trailer when the Defendant's employee moved from the right lane into the center lane without warning. The semi and trailer collided with the Eickstaedt pickup causing Mrs. Eickstaedt to lose control and subsequently roll. Mrs. Eickstaedt was killed in the crash, however medical records indicate that she survived for 12 minutes. Mr. Eickstaedt was hospitalized briefly before being sent to a rehabilitation facility to recover from injuries he sustained in the crash. The Eickstaedts had been married for 46 years, had no children or grandchildren, and had been retired for 10 years.
The Eickstaedt's lead counsel, Noble McIntyre of McIntyre Law in Oklahoma City, OK said, "The tragic loss that Mr. Eickstaedt has suffered as a result of this crash is heart breaking. His wife was his best friend. Even after 46 years they still held hands, attended church together and were together all the time. He has gone from having his best friend with him 24/7 to being alone almost all of the time. He cannot get his wife back. For him, this was never about the economics of a lawsuit. Instead it was about doing what he could to make sure the pain he has experienced is never felt by another person."
An inspection of the semi and tractor by the Oklahoma Highway Patrol revealed multiple deficiencies severe enough to declare the trailer out of service and illegal for use on Oklahoma roadways. Deficiencies included: no proof of periodic inspection, inoperable side markers, taillights or read ID lights, multiple brakes in need of adjustment, inadequate braking capacity, and leaking brake connections.
McIntyre Law also proved that Doug Butler Enterprises:
· Had no safety program or safety director
· Failed to conduct FMSCR-required yearly drive along driver observations
· Did not audit employee driving records annually (FMSCR requirement)
· Ignored FMSCR practices when hiring drivers
The trial team for Mr. Eickstaedt consisted of Noble McIntyre & Jeremy Thurman of McIntyre Law P.C. in Oklahoma City and David Bernstein of Bernstein Law in Norman, OK.
Case No. CJ-2017-0659
Filed in the District Court of Tulsa County, Oklahoma
About McIntyre Law
McIntyre Law is an Oklahoma City law firm dedicated to helping those seriously injured by the negligence of others. We are committed to leveling the playing field between individuals and the big insurance companies. The firm takes cases nationally in the areas of catastrophic accidents, pharmaceutical litigation, fire and explosions, and defective medical devices.
Noble McIntyre is senior partner and owner of McIntyre Law, and an expert on cases involving semi/auto accidents, catastrophic injury, and drug litigation. He is a former President of the Oklahoma Association for Justice (formerly the Oklahoma Trial Lawyers Association)
For more information, contact Noble McIntyre at 405-917-5200, visit https://mcintyrelaw.com or https://www.oklahoma-
Noble McIntyre - McIntyre Law
Page Updated Last on: Oct 05, 2018