The family of a former pro hockey player killed in a Toronto drunk driving accident secured a record $9.5 million jury verdict in St. Louis County. The case was tried by Grant L. Davis and Shawn G. Foster, of Davis, Bethune and Jones and Dan Koten.
It is the highest wrongful death or personal injury verdict in St. Louis County Circuit Court since a $5 million wrongful death verdict in 1999, according to Judy Riley with St. Louis-based Verdict Reporter Inc.
The judgment against the driver of the car - another former pro player - and a Canadian rental car company was handed down after just under two hours of jury deliberation on the trial.
Keith Magnuson was killed in a Dec. 15, 2003, car accident near Toronto. The driver of the rental car was Rob Ramage, a St. Louis resident and former St. Louis Blues player. Both men were in Toronto for the funeral of the then-president of the NHL Alumni Association.
A month before the civil trial in St. Louis, Ramage was found guilty in a Canadian court of drunk driving that caused Magnuson's death. Ramage did not appear in court at the five-day proceeding before St. Louis County Circuit Judge Gary M. Gaertner Jr.
The rental car company, National Car Rental of Canada, now owned by St. Louis-based Enterprise, also was named in the suit. The plaintiffs successfully petitioned the court to use portions of the Ontario Highway Traffic Act as the rule of law at trial. Under that piece of Canadian law, rental car companies are liable for the negligent actions of their drivers.
Several of Magnuson's friends and relatives testified at trial about the former hockey player, who took a vice president of sales position with Coca-Cola after retiring from the Chicago Blackhawks.
A Toronto toxicologist also testified, confirming that Ramage was legally drunk at the time of the accident.
Ramage's attorney, Scott C. Harper, did not call any witnesses in the case.
Beth Boggs, the attorney for National Car Rental of Canada, put an economist on the stand who testified that Magnuson's future earnings and contributions to the household amounted to about $1 million. The economist for the plaintiffs testified that Magnuson's future monetary value was closer to $2 million.
Davis and his co-counsel, Dan Kotin of Chicago, asked the jury to award the Magnuson family between $25 million and $35 million in economic and non-economic damages.
In her closing argument, Boggs suggested a $2 million sum. She said part of that amount could be considered $250,000 for each of Magnuson's grown children - enough money for both of them to buy a house.
Davis said the jury's eventual $9.5 million verdict for his clients shows that St. Louis County juries are capable of awarding substantial damages to plaintiffs.
"I think all this talk of St. Louis County being a bad jurisdiction is to some extent a self-fulfilling prophesy," Davis said. "Medical malpractice and soft-tissue injury cases are doing poorly everywhere, including St. Louis County. However, if you have a clear wrongdoing and a demonstrable injury, I think you could do fine in St. Louis County."
For the complete article: http://verdicts.molawyersmedia.com/vands.cfm?action=view&mode=display&id=070121
At Davis, Bethune & Jones, LLC, in our focus to represent individuals and families who have suffered personal injury or death, our attorneys have come up against large corporations and industry giants. We are dedicated to speaking out for those who have suffered needlessly. While we cannot turn back the clock or undo disastrous consequences, we hope to correct injustices and bring compensation to see our clients through difficult times. In assisting our clients, our dedication and hard work has resulted in notable verdicts and settlements, some of which include:
