$4.5 Million Settlement Awarded to Family of Man Killed After Head-On Collision with a Box Truck
Brown & Crouppen P.C., one of the largest personal injury firms in the Midwest and helped recover over $1 billion in compensation for its clients, has secured a $4.5 million settlement as part of a nearly $6 million global settlement on behalf of the family of Zachary M. Patchin, 28, who died because of a head-on collision that occurred on January 21, 2022, in Osage County, Missouri. The remainder of the settlement goes to a third plaintiff.
According to the Missouri State Highway Patrol, at approximately 4 p.m. while traveling west on US Highway 50, an Ice Cream Factory LLC Ford E450 box truck driven by Kale S. Durr, 22, made an improper pass around a semi-truck tractor-trailer in a no-passing zone on a blind curve causing a head-on collision with a 1997 Chevrolet Silverado driven by Mr. Patchin. Mr. Durr’s vehicle traveled off the roadway and overturned while Mr. Patchin’s vehicle caught fire and burned. Both men died.
“This was a terrible accident that would have been avoided if the Ice Cream Factory had ensured that Mr. Durr was properly licensed and trained to operate a commercial vehicle and followed the rules of the road,” said Richard J. Zalasky, the Brown & Crouppen attorney representing Mr. Patchin’s family in the lawsuit. “Throughout this entire process we never waivered on securing the coverage limit of $6 million on behalf of Mr. Patchin’s family and to provide for his unborn daughter’s future wellbeing.”
The wrongful death lawsuit alleged that the Ice Cream Factory was responsible for negligent entrustment because the company knew or should have known that Mr. Durr did not have the required Class E-Chauffer License and training to operate its truck. The wrongful death lawsuit also named Loretta Rouse, Pulaski County Public Administrator, who was the duly appointed Personal Representative of the Estate of Kale Seth Paley Durr in the lawsuit because his actions directly caused the death of Mr. Patchin.
Mr. Patchin’s daughter Zariyah Marie Louise Patchin, who was born after his death, his mother Tina Adams, and his father will each receive cash payments as part of the settlement. Zariyah will begin receiving payments of nearly $14 million when she turns 18.
The settlement, which was approved by Judge Ryan Helfrich, resolved the lawsuit pending in the Circuit Court of Franklin County, Missouri on September 26, 2022.
