Wuestling & James Wins $1.9 Million Dollar Verdict In Contribution Case

Rick Wuestling & Susan Schwartzkopf received a $1.9 million dollar verdict on behalf of their client, W.W. Transport Inc.  Plaintiff W.W. Transport Inc., a trucking company, settled an underlying wrongful death action for its $5 million dollar policy limit, and then successfully sought contribution from Defendants Gem City Ford and Rick’s Transit Repair on theories of negligence and strict liability.

In 2001, Defendant Gem City Ford sold decedent Danny Hall an up-fitted Ford van equipped with a 37-gallon auxiliary fuel tank installed aft of the rear axle by Rick's Transit Repair.  In 2007, Danny Hall was fatally injured in a rear-end accident with a W.W. Transportation driver.  When Danny Hall’s van was struck, the auxiliary fuel tank was punctured, caught fire, and Danny Hall died of smoke inhalation.  W.W. Transport alleged that it was entitled to contribution from Defendants as the placement of the auxiliary fuel tank was unreasonably dangerous in its anticipated use because the extra gas tank was placed in a dangerous location, and that Defendants failed to warn Danny Hall of the extra gas tank, and Danny Hall’s death was a direct result of this defect.

On September 14, 2009, a federal jury found Gem City Ford and Rick’s Transit Repair were liable for contribution to W.W. Transport on both the negligence and strict liability theories and that W.W. Transport’s settlement with the Halls was reasonable. The jury allocated 62% liability to W.W. Transport, 30% liability to Gem City Ford and 8% liability to Rick’s Transit Repair.  The matter was tried in Hannibal, Missouri, before the Honorable Jean Hamilton.

Past results afford no guarantee of future results and every case is different and must be judged on its own merits.