In Missouri, a bicyclist was awarded $450,000 of a $1.8 million settlement last Tuesday. The bicyclist, and several others, had filed a lawsuit against the city of Columbia and Missouri Highways and Transportation Commission after being injured in an
auto accident in 2005.
According to reports, the total verdict of $450,000 in damages was reached through a "pure comparative fault" theory, which was adopted by the state of Missouri in 1983. Under this legal theory, plaintiffs involved in lawsuits can still be awarded compensatory damages even if they are partly to blame for causing the accident.
The plaintiff, a woman named Krysten Chambrot, was found to be 75% responsible for an accident that occurred at the intersection of College and Rollins avenues. The accident involved the biker (Chambrot) and two motor vehicles. According to the terms of the theory, the plaintiff's percentage of fault is deducted from the $1.8 million gross verdict.
Chambrot, who was 19 at the time of the accident, was hit by a vehicle that was driven by Judy Pope while she was crossing College Avenue. She was then thrown from her bicycle and hit again by another vehicle driven by Michael Arens. Both Pope and Arens were defendants in the case.
Chambrot sustained serious injuries from the accident. One injury led to the amputation of her left leg right above the knee.
The jury presiding over the case concluded that Arens' and the city of Columbia percentage of fault was 13% and that Pope's percentage was 12. That means that the city will have to pay out $234,000 and Pope will have to pay out $216,000.
However, the attorney representing the city and Arens claims that he is not finished evaluating the verdict, which he feels is very disappointing for both his clients.
"We thought the evidence showed it was (Chambrot's) fault entirely, but obviously the jury disagreed," he said.
However, Chambrot's attorney counters that the verdict and settlement are in fact fair and just.
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