A 57 year old woman being transported for kidney dialysis was injured on January 3, 2014, when the paratransit van she was riding in collided nearly head on with another vehicle traveling in the opposite direction on Highway 5 near Milan, Missouri. Although neither driver was seriously injured, the woman was suffering from end stage renal disease and the crash complicated that diagnosis. According to the Missouri State Highway Patrol, the driver of the van pulled over to work on the heater which was not operating correctly. After fixing the heater, the driver backed the van out onto the roadway and into the path of an oncoming Chevrolet Malibu. Apparently the driver of the Malibu was unable to stop in time to avoid the collision. Both drivers denied liability and the report was non-specific as to the exact location of the crash.
The woman was transported to a local hospital where she was diagnosed with fractures to her right foot, leg, ribs, and sternum. Following surgery, she remained in the hospital for 10 days recovering from her injuries and complications of her pre-existing conditions. Approximately 6 months following the collision, the plaintiff’s right foot was amputated.
After filing suit, Atlas Financial tendered the remaining limits of its $1,000,000 policy. Farm Bureau tendered its $25,000 limit for the driver of the Malibu. And Geico tendered 3 separate $50,000 policy limits for the driver of the van due to its “non-owned” autoprovision.