Trial Results in a Defense Verdict in $8,500,000 Wrongful Death Case

Jackie Kinder and Brendon Sanders recently brought in a complete defense verdict in a wrongful death case in St. Louis County after a weeklong trial where the Plaintiff asked the jury for $8,500,000.  Plaintiff’s father was killed after he parked his pick-up truck on an inclined driveway.  The truck was in park and when he was standing behind the truck it began to roll, knocking him down and crushing his chest, resulting in his death.  At the time of the accident two children were playing in the cab of the truck and Plaintiff alleged that the children knocked the gear shifter out of park, which occurred because of a defect in the gear shifter that had previously been the subject of a manufacturer safety recall but never repaired.  Plaintiff alleged that Jackie’s client, a local independent repair shop, which had serviced the subject vehicle 19 times from 2015 to 2019, had failed to warn the owner of the vehicle of the safety recall on the gear shifter and advised they get it fixed.  Jackie and Brendon convinced the jury that the repair shop was not part of the recall process and was not negligent for failing to warn of the defect and recall.  In a unanimous verdict the jury found no liability on the part of the Defendant.