The Joplin Globe, Joplin, MO

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January 6, 2009

Mother of teen struck by two vehicles reaches settlement

By Jeff Lehr

jlehr@joplinglobe.com

The mother of a Joplin High School student who died after he was struck by one vehicle and run over by a second four years ago has reached a settlement with one of the defendants in her wrongful-death lawsuit.

Denise Brooks, of Joplin, reached a $47,000 settlement with Matthew D. Stephens, of Joplin, and his insurer, Cornerstone National Insurance Co., that was approved by Circuit Judge David Mouton in Jasper County Circuit Court, according to court records.

Brooks was the mother of Jamison Alexander, 18, who was struck by two vehicles the night of Jan. 17, 2005, while walking along 13th Street near Cunningham Avenue in Joplin. Alexander died four days later at a Joplin hospital.

Stephens, 17 at the time, was driving a Ford Aerostar van that first struck Alexander, according to the lawsuit. Joplin police reported that a side mirror on the van appeared to have hit the victim in the head and knocked him to the pavement.

Stephens stopped, turned around and went back to help Alexander when he realized that the van may have struck someone, according to police. But before he could reach him, a sport utility vehicle ran over Alexander and left the scene.

Stephens was not charged with a criminal offense after the accident. But investigators arrested 18-year-old Travis Wyrick, of Joplin, a few days later and charged him with the felony of leaving the scene of an injury accident. The charge was dropped in January 2007 by the Jasper County prosecutor’s office because of a stated lack of evidence.

Brooks sued both Wyrick and Stephens in August 2005, alleging excessive speed, failure to keep their vehicles under control and other forms of negligence, including failure to stop and render aid in Wyrick’s case.

The settlement reached this week states that Stephens continues to deny any liability. The agreement frees him and his insurer from any further claims with respect to damages, and requires Brooks to pay any funeral or medical bills arising from the accident from her portion of settlement proceeds.

The settlement applies only to Stephens, and both Wyrick and the Brooks family’s auto insurer, Orion Insurance Co., remain defendants in the lawsuit. The case file indicates that Brooks sought to add her insurer as a defendant when the lawsuit’s discovery procedure suggested that Wyrick may have been an uninsured motorist.





Apportionment



The judge’s order in the lawsuit apportions $8,500 of the total to Denise Brooks’ attorney, Bradley Bishop, for attorney fees and an additional $149.22 to Bishop for expenses. The balance of $38,350.78 is awarded to Brooks.

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