Tragic accident claimants to receive over $1.5 million
Wrongful death and minor settlements of $608,000 and $912,000 were approved in Daviess County Circuit Court on Sept. 17.
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The two actions stem from a tragic three-fatality accident which occurred Nov. 10, 2009, at the junction of Highway 6 and Route V in Daviess County. The cases were heard jointly by Judge Daniel Linus Chadwick.
The suits are against David Leeper and Kenneth Fletcher, both of Gallatin. Leeper was the driver of a grain truck which lost a left rear tandem as it slowed to turn onto Highway V on Nov. 10, 2009. A van driven by Maria Hostetler struck the tandem wheel, skidded, overturned and struck the grain truck. Fletcher is the owner of the truck.
Maria Hostetler, 40, and two passengers, Chester Gingerich, 48, and Perry Gingerich, 16, were killed in the accident. Two other passengers, Steven Gingerich and Calvin Beechy, each suffered moderate injuries. One passenger, Wilma Gingerich, 46, received a traumatic brain injury.
Two lawsuits were filed in connection with the accident. Joseph Hostetler, husband of Maria Hostetler, filed a wrongful death suit against Leeper and Fletcher on Feb. 3, 2010. Steven Gingerich, Calvin Beechy, and Vera Nelson, conservator appointed on behalf of Wilma Gingerich, filed a wrongful death suit against Leeper and Fletcher on April 27, 2010.
The plaintiffs agreed to a compromise settlement of certain claims as a result of the wrongful deaths of Maria Hostetler, Chester Gingerich and Perry Gingerich; however, they have specifically reserved their right to bring claims against the makers of the 2001 Dodge Ram 3500 in which the victims were traveling.
The settlement does not include the plaintiffs’ claims against defendant David Leeper, but the plaintiffs have agreed to limit any recovery from Leeper to the limit of the Farm Bureau Town and Country insurance coverage.
The sum of $608,000 was awarded to the Hostetler plaintiffs, consisting of minors Margarita and Leeza Siddoway, Anastacio Ramirez, Margarita Ramirez, Andrew Ramirez, and RaCail Ramirez. Attorneys’ fees and expenses of $205,421 were deducted from the settlement.
The sum of $912,000 was awarded to the Gingerich plaintiffs, consisting of Conservator Vera Nelson, Christopher Gingerich, Steven Gingerich and Rosanna Beechy. Attorneys’ fees and expenses of $323,970.06 were deducted from the settlement.
This judgment ends all claims which the plaintiffs have against defendant Fletcher, Norma Fletcher, Lesa Leeper, Luke Leeper, and their agents, including their insurance companies Farm Bureau Town and Country Insurance Company of Missouri, Cameron Mutual Insurance Company, and Shelter Mutual Insurance Company, on behalf of Maria Hostetler, Chester Gingerich and Perry Gingerich.
The settlement proceeds were apportioned and distributed to the individual claimants in the judgment. Three claimants received structured settlements.