In 2005, Krysten Chambrot was severely injured in an accident with a car and truck while riding a bicycle. As a result of the accident she had to amputate her left leg. Although partially to blame, Chambrot sued the city of Columbia and Missouri Highways and Transportation Commission amongst others in a personal injury lawsuit.
This week, Chambrot received $450,000 of the $1.8 million awarded in the lawsuit. This amount was arrived at using the ‘pure comparative fault’ theory adopted by the Missouri Supreme Court in 1983. According to this theory a plaintiff can still be awarded money even if they are partly at fault. Thus, the court found Chambrot to be 75 percent at fault for the accident which according to the theory was deducted from the $1.8 million awarded overall.
Judy Pope who was driving the car that hit Chambrot first, was found to be 12 percent at fault while Arens, who was driving the truck that hit her after Pope, was found to be 13 percent at fault along with the city of Columbia. Thus the city had to pay $234,000 and Pope had to pay $216,000.
Jeff Parshall, attorney for the city of Columbia and Arens was not satisfied with the result as he said they were trying to prove that the entire accident was Chambrot’s fault. Chambrot’s attorney was satisfied though he had hoped that his client would be awarded the $4 million they had sought in damages.
Read the original article here.

October 31, 2008 / category: Accident / link / comments (0)

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