$1 Million Judgment
The wife of a St. Louis man sued his employer's insurance carrier after his uninsured motorist claim was denied.
Steve Arbuthnot was an employee of Missouri Machinery & Engineering Company. On June 14, 2000 he was working on a fountain at Union Station and parked the company truck on 18th Street just south of Market Street. As Arbuthnot stood along the driver's side to remove his tools from the external storage compartment behind the cab, an unidentified vehicle struck him and knocked him unconscious. There were no witnesses to the accident.
Arbuthnot's injuries left him permanently disabled. His wife filed a claim with Missouri Machinery's uninsured motorist carrier, Northern Insurance. Northern denied the claim, arguing that Arbuthnot was not an insured party or, in the alternative, that he was not in a covered vehicle at the time of the accident.
The judge granted summary judgment in favor of Arbuthnot on the coverage issue. After Northern stipulated that damages would equal the policy limits, the judge awarded $1 million.
Type of Action: Automobile accident; uninsured motorist
Type of Injuries: Economic
Court/Case Number/Date: St. Louis City Circuit Court/024-01495/July 28, 2003
Caption: Arbuthnot v. Northern Insurance Company of New York
Judge, Jury or ADR: Judge
Name of Judge: Thomas C. Grady
Special Damages: None
Verdict or Settlement: $1 million judgment
Allocation of Fault: N/A
Last Offer: N/A
Last Demand: N/A
Attorneys for Plaintiff: Steven C. Giacoletto, Giacoletto & Johnson, St. Louis; Jeffrey J. Lowe, Simon, Lowe & Passanante, St. Louis
Insurance Carrier: Northern Insurance Company of New York
Plaintiff's Experts: None
Defendant's Experts: None
September 29, 2003
