2008 Crash with Tow Truck Results in $1 Million Settlement for three pedestrians

In Tennessee and all across the country, many people unfortunately get into accidents with cars that result in serious injury for the people involved. However, these accidents can result in even more serious injuries when a car or truck hits pedestrians. According to a recent lawsuit, on March 26, 2008, , Frank Guenther, of Guenther and Sons towing attempted to drive a tow truck around a car that was waiting for a Southern Railroad Company cargo train at the Route 9 railroad , trying to make it over the tracks before the train arrived. Guenther did not make it across in time and the train clipped the back of the tow truck sending it spinning into three pedestrians. Kathleen McWhite one of pedestrians was thirty-two at the time and suffered leg fractures and lacerations. Jerome Seymour, then thirty-three, and Sebrina McWhite, then twenty-eight and the other pedestrians involved, suffered back injuries.

The three pedestrians filed a lawsuit against Guenther who filed a lawsuit against the railroad, claiming that the railroad did not have gates that lowered when the train approached. The lawsuit filed by the pedestrians also states that, the driver of the tow truck always denied responsibility for directly causing the accident. This led to the pedestrians extending their lawsuit to include the railroad.

The representative for the railroad Jon Filorilla stated that, “This case is very unusual because the plaintiffs didn’t initially sue the railroad at all. We really didn’t do anything wrong, but they had to cover themselves for any possible defendants. If they hadn’t done that, it wouldn’t have been good lawyering.” He went on to state that, “The state requires railroad intersections like this one be equipped with flashing lights and bells, which were both present and working at the time of the daytime accident.”

The case was set to go to trial in January but a settlement was reached following mediation. Kathleen McWhite will receive $750,000 for her injuries, and Sebrina McWhite and Seymour will receive $200,000 and $50,000. Guenther will pay ninety percent of that amount and the railroad will pay the balance.

Auto accidents resulting in serious personal injuries happen every day all across the country and even to the residents of Tennessee. If you or someone you care about has been seriously injured as the result of some type of auto accident, then we recommend you contact one of our compassionate and experienced Tennessee auto accident and personal injury attorneys immediately. We care about our clients and will hear your case and work with you to see to it that you receive the compensation you need.