$1.225 million Settlement

Car Accident / Wrongful Death / Drunk Driver

August 2003
Caption: Gewin v. Martinson
Court: Circuit Court of Macon County
Case Number/Date: CV102-138CC
Judge: Hadley Grimm
Plaintiff’s Experts: William Shaw, toxicologist
Plaintiff’s Experts: Gary M. Yarkony, M.D., Chicago, IL (life-care planning); John Ward, Ph.D., Prairie Village, KS (economics); John Pazell, M.D., Prairie Village, KS (orthopedics).
Special Damages: 190,000.00 medical expense, $12,500.00 funeral expense
Insurance Carrier: Auto-Owners Insurance
Plaintiff’s Attorneys: James Montee, The Montee Law Firm, P.C., St. Joseph, MO


A St. Joseph, MO man who was injured, and whose wife was killed, in a car accident involving a drunk driver, has reached a $1,225,000.00 settlement of his case pending in Macon County Circuit Court.

Seventy-seven year old Mercer Gewin, and his wife Mary Catherine, 72, were on their way home from visiting their granddaughter at college, when they were struck head on by Robert Martinson. Mary Catherine was killed instantly and Mercer received a broken tibia, fibula, femur and shoulder as a result of the collision.

Martinson, who owned a car dealership, was also killed. At the time of his death Martinson’s blood alcohol content was determined to be .323 and he did not have a valid driver’s license.

Mercer and his son filed suit against Martinson’s estate and his car dealership. Two weeks prior to trial the case settled for the insurance carrier’s policy limit of $1,000,000.00 and an additional $225,000.00 from Martinson’s estate.