Settlement ends wrongful death suit in Jackson County Circuit Court

Daily Record and the Kansas City Daily News-Press, Aug 21, 2006 by Charles Emerick

Confidential settlement in tractor death

A Jasper woman who lost her husband in a farming accident agreed Thursday to settle her lawsuit against Deere & Co.

The confidential settlement reached Thursday was the "right thing" for both parties, said Chris Wright, attorney for the plaintiffs. A trial had been scheduled to begin in November.

"There were facts for both sides that made it good to settle," he said. "There were a lot of risks involved in this case."

Tammy Peters sued the Moline, Ill.-based farm equipment manufacturer after her husband, John, was crushed after he bypass started his John Deere tractor at his family's sow farm near Jasper. Missouri Sow Center hired Peters in October 2002 to manage the 500 head sow farm.

According to court documents, Missouri Sow provided Peters with a 1966 John Deere tractor, which often required a bypass start. Bypass starting requires the operator to touch a metal object to the starter solenoid. While doing this the driver is standing in front of the rear right wheel. Peters' boss at Missouri Sow taught him bypass starting.

On the day Peters was killed the tractor was left in gear when it was started. It lurched forward shortly after the bypass start.

"There's a five to 10 second delay before the hydraulics kick in and the tractors starts moving," Wright said. "After it starts they'll stand there and listen to make sure it keeps running. But then it takes off and comes right at them."

Wright said Peters' stepdaughter, who was 14 at the time of his death, witnessed the accident as she sat on the right wheel fender. Peters attempted to jump up to the tractor's step but didn't make it and was crushed by the wheel.

Evidence suggested the tractor was in gear when Peters started it, Wright added. Because of that, and the tractor's age, he said it was better to settle the case.

The plaintiffs, who included John Peters' natural daughter, Shay'L, made their highest demand of $2 million on Feb. 20, 2004, according to Wright. They also reached an agreement with Missouri Sow in August.

Wright said the tractor was fixed following the accident. The mechanic replaced the tractor's neutral start switches. Wright said the mechanic estimated the repair at less than $100.

Sore neck nets $75,000

It's hard to get a lot of money for a sore neck, according to plaintiff's attorney Brian Meyers.

After a one-day trial a Jackson County jury awarded Lois Joan Hinds $75,000 for the neck injury she sustained in a March 2005 auto accident.

Meyers, Hinds' attorney, said they had asked for $150,000.

Hinds was injured when her vehicle was rear ended by a company vehicle for Digital Design, a Raymore-based company. The driver, Scott Burnham, struck Hinds when he failed to stop at a red light at the intersection of 31st Street and Roanoke Avenue.

Meyers said Hinds had $20,000 in physical therapy bills. Her husband, James, also sought loss of consortium but was not awarded by the jury.

The plaintiffs demanded $150,000, and rejected a $75,000 pre- trial offer by the defense.

Defense attorney Steven Piland did not return a message seeking comment.

Case Name: Tammy Peters et al. v. Deere & Co.

Case Number: 03CV229588

Court: Jackson County Circuit Court, Division 4

Judge: Justine Del Muro

Type of Action: wrongful death

Settlement: confidential

Highest Demand: $2 million prejudgment interest demand

Plaintiff's Attorneys: Chris Wright and Edward Hershewe of The Hershewe Law Firm in Joplin

Defense Attorneys: Peter Daniel of Lathrop & Gage

Case Name: 0516-CV23175

Case Number: Lois Joan Hinds et al. v. Digital Design et al.

Court: Jackson County Circuit Court, Division 4

Judge: Justine Del Muro

Type of Action: personal injury - vehicular

Jury or Bench: jury

Verdict: $75,000

Demand: $150,000

Highest Offer: $75,000

Plaintiff's Attorney: Brian Meyers of The Law Office of Brian Timothy Meyers

Defense Attorney: Steven G. Piland of the Law Office of Steven G. Piland