A million-dollar settlement will compensate a worker injured when his foot was injured in an Kansas City cement truck accident.
Kevin Miller was assisting the driver of the truck at a construction site by keeping an eye out behind the vehicle to ensure the way was clear, according to a submitted description of the 2015 incident.
Miller saw a board in the truck’s path and told the driver to stop, but the vehicle continued to move and crushed the plaintiff’s right foot.
Miller suffered multiple fractures and required multiple surgeries for the placement of hardware and a triple fusion of the foot.
The plaintiff alleged negligence on the part of the driver of the Central Concrete Co. truck.
“Obviously, he shouldn’t have backed up any further when he couldn’t see where his spotter was,” said plain- tiff’s attorney Laura Young.
The case was mediated unsuccessfully before the parties reached a settlement.
Young said that liability and the injuries were both in dispute and, had the case gone to trial, the defense might have argued comparative fault.
“We thought there could be some fault distributed to our guy for putting his foot near the wheel of a cement truck,” she said, noting that Boone County juries can sometimes be conservative.
However, Young said she felt Miller was a man of good character who would have made a favorable impression on jurors.
The case was also complicated by a considerable workers’ compensation lien, but Young said a settlement was reached with the insurer to reduce the amount set off.
Young assisted lead personal injury attorney Brian T. Meyers in the matter.
Christopher P. Rackers of Schreimann, Rackers & Francka was listed as representing the defense.
He did not respond to a request for comment.
