Jaguar Pulled Out In Front Of Them

$1.1 Million Verdict
$250,000 Settlement
A man and his son who were injured in a motorcycle accident sued for their injuries.

On Oct. 14, 2001, Richard Zempel took a motorcycle ride down the river road in Alton, Ill. His 11-year-old son, Graham, was riding on the back. After the Zempels crossed the river into St. Charles on the Golden Eagle Ferry and proceeded down Highway B, a Jaguar driven by R.J. Slater pulled out from a stop sign into their path, causing Richard Zempel to skid 84 feet into the side of Slater's vehicle.

Although they were wearing motorcycle helmets, Richard and Graham Zempel both suffered traumatic brain injuries, with Richard Zempel's injuries requiring medication for the rest of his life and causing sleep disturbances. Due to the brain injuries, neither had any recollection of the accident. Slater maintained that he never saw the motorcycle before pulling out and was unable to provide any testimony about the location or speed of the motorcycle.

Graham Zempel settled his claims against Slater in May 2004 for $250,000.

At trial on Richard Zempel's injury claims and his wife's claim for loss of consortium, the court allowed evidence from a Highway Patrol report that Slater had the odor of alcohol on his breath and had two beers, even though the patrol officer determined that he was not intoxicated.

Slater denied that he had been drinking any alcohol. He claimed that Richard Zempel was comparatively negligent because the terrain was flat and the weather conditions were clear and dry. Slater contended that Zempel should have seen him pull out into the intersection and swerved, sounded his horn or slackened his speed.

After a four-day trial, the jury awarded $1.75 million to Richard Zempel and $175,000 to his wife, Elizabeth. However, the jury found Richard Zempel to be 40 percent at fault, which reduced the net verdict to $1,155,000.

Type of Action: Automobile accident

Type of Injuries: Dislocated great left toe; fractured femur; dislocated femoral head; five pelvic fractures; fractured sacrum; lacerated spleen; six fractured ribs; pneumothorax; fractured humerus; stretch injuries to the brachial plexus and nerves to the bicep muscle; traumatic brain injury including subdural hematoma

Court/Case No./Date: St. Louis City Circuit Court/012-10088/June 24, 2004

Caption: Zempel, et al. v. Slater

Judge, Jury or ADR: Jury

Name of Judge: Angela Turner Quigless

Special Damages: $173,000 medical expense for Richard Zempel; $35,000 medical expense for Graham Zempel

Verdict or Settlement: $1.05 million for Richard Zempel; $105,000 for Elizabeth Zempel

Allocation of Fault: 60 percent to defendant; 40 percent to plaintiff Richard Zempel

Last Offer: $250,000

Last Demand: $1 million

Attorney for Plaintiff: Jeffrey J. Lowe, Jeffrey J. Lowe PC, St. Louis

Insurance Carrier: American Family Insurance

Plaintiffs' Experts: Dr. Robert Margolis, St. Louis (neurologist)

Defendant's Experts: None