$ 1 MILLION SETTLEMENT

AUTO ACCIDENT / WRONGFUL DEATH

February 2009

Caption: Robbie Carey et al., v. Con-Dev Concrete Construction & Pump Service, Inc., etal.

Court: Circuit Court of Miller County, Missouri

Case Number/Date: 08ML-CC00110

Special Damages: $10,000.00 funeral and burial expenses; $60,000.00 medical expenses

Insurance Carrier: Zurich American Insurance Company

Plaintiff’s Attorneys: James Montee, The Montee Law Firm, P.C., for the families of Dustin Vaughn and Devin Clark, Thad Mulholland, Eng & Woods for individual plaintiff Kevin Huckabee

A $1,000,000.00 insurance policy limit settlement has been reached by the family of brothers Dustin Vaughn and Devin Clark, and individually by Kevin Huckabee, with defendant Con-Dev Concrete Construction & Pump Service, Inc. A total of $700,000.00 was allocated to the wrongful death claim relating to Mr. Vaughn; $100,000.00 to the wrongful death claim relating to Mr. Clark; and, $200,000.00 was allocated to Mr. Huckabee’s personal injury claim.

On April 21, 2008, Mr. Vaughn and Mr. Clark died on impact and Mr. Huckabee suffered a broken femur, when the car driven by Mr. Huckabee, in which Mr. Clark and Mr. Vaughn were riding as passengers, collided with a concrete truck owned by Con-Dev Concrete Construction & Pump Service, Inc. The concrete truck turned left in front of Mr. Huckabee’s vehicle on U.S. Highway 54 in Camden County, Missouri causing the collision.

Defendant Con-Dev Concrete Construction & Pump Service, Inc., initially rejected the plaintiffs’ offer at mediation to settle for the $1,000,000.00 policy limit. However, following mediation, the plaintiffs renewed the offer and set a deadline for its acceptance. The defendant finally agreed to pay the $1,000,000.00 policy limit on the final day the offer was to remain open.