FOR IMMEDIATE RELEASE
Meyers & flowers secures $2 million settlement for a Central Illinois family of wrongful death victim in trailer accident.
LaSalle County, IL – January 2025 – Meyers & Flowers attorneys Jim McPhedran, Craig Brown, Christopher Warmbold, and Patrick Herrmann recently secured $2 million settlement with a sand mine operator in a wrongful death case on behalf of the estate of their client. This settlement brings a measure of justice to the family of a central Illinois father who tragically lost his life after an overloaded trailer hauling several thousand pounds of sand suddenly detached from the pickup truck it was connected to, cross the roadway on IL Route 23, and hit him head on.
In the morning hours of May 16, 2020, the driver of a Ford F-250 pickup truck with an attached PJ trailer pulled into the Kellyco sand mine in Marseilles, Illinois seeking to purchase approximately 5 tons of sand for a swimming pool installation project. Rather than checking the trailer’s weight bearing limitations or looking to ensure the trailer was properly hooked up to the Ford F-250 prior to loading it, the KellyCo operator took the driver’s word that his trailer could handle the quantity requested and proceeded to significantly overload the trailer with 5.85 tons (11,700lbs.) of sand. After Kellyco sold the sand and allowed the overloaded Ford-F250 to depart its property, the Ford F-250 traveled southbound on IL Route 23 at which point the overloaded trailer suddenly broke away from the hitch, crossed over the center line into the northbound lane, and violently collided with a Chevrolet Silverado driven by our client.
The force of the collision left the Silverado unrecognizable, sustaining catastrophic damage that destroyed virtually every area of the vehicle. Tragically, our client was declared dead at the scene.
Despite being a licensed mine operator and acknowledging the importance of safely loading trucks and other mobile hauling equipment pursuant to the Federal Mine Safety and Health Act, the defendant vigorously denied liability and maintained it was the driver of the Ford F-250 who was ultimately responsible for the tragedy that unfolded that day.
Determined to obtain justice for our client’s family’s incredible loss, our attorneys built a compelling case on the KellyCo operator’s liability through written discovery, party depositions, and the utilization of well-respected experts in mine safety and operations. The firm’s thorough investigation revealed that had the KellyCo operator taken the necessary steps to check the equipment prior to loading, he would have discovered several critical safety issues on the PJ trailer. These safety issues included: the equipment being incapable of safely hauling 11,700 lbs. of sand due to the weight bearing limitations of the hitch ball mount, the trailer harness being dangerously wired in a manner which disabled the trailer brakes, and that the breakaway cable on the trailer was not properly secured to the Ford F-250 which rendered it incapable of engaging emergency brakes in the event the trailer broke free from the Ford F-250 – the exact scenario that occurred on May 16, 2020.
“This case underscores the importance of safety protocols and personal responsibility in sand mine operations, which if adhered to in this case, would have likely saved our client’s life.” said Attorney Warmbold.
These revelations along with the compelling opinions of the firm’s expert witnesses ultimately convinced the defense to tender the full insurance limits available on its policy to resolve the case in order to avoid the possibility of an excess verdict being awarded at trial by a LaSalle County jury.
“We are pleased with the outcome of this case and the justice it brings to our client’s family,” said Attorney Brown. “No settlement can ever replace the loss of a loved one, but we hope this resolution provides some measure of closure to the family.”
This outcome is a testament to the value an experienced and committed team of trial lawyers brings to a case. Craig Brown, James McPhedran, Christopher Warmbold, and the entire team of trial lawyers at Meyers & Flowers have earned a reputation for recovering substantial personal injury settlements and verdicts through their relentless pursuit of justice for people who have been harmed by the negligence of individuals, corporations, medical providers, and municipalities.
If you or a loved one has experienced a personal injury matter and is in need of a committed team of advocates, we want to hear from you. Call our St. Charles office at 630-576-9696 or our Peru office at (815) 223-0230 for your free, no obligation case evaluation or click here.
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About Meyers & Flowers
Led by Illinois Top 100 Super Lawyer and former President of the Illinois Trial Lawyers Association, Peter J. Flowers, the Meyers & Flowers’ team of experienced trial attorneys routinely take on large challenges and succeed. For more than two decades, the firm has represented clients both locally in Chicago and nationally in a full spectrum of cases involving catastrophic personal injuries, sexual abuse, medical malpractice, product liability and corporate litigation.
Contact us today at 630-576-9696 for your free, no obligation case evaluation or click here.