J.D. Rohrer announced settlement of a claim against the Missouri Highway Department/Commission.
This controversy began during a rainy week in the month of February 2008. Mr. Rohrer explained that, at 5 p.m., his client was traveling west on I-44 in a Ford Escort. As the client passed the MO 109 overpass and before reaching the Six Flags overpass, a pool of two inches of water had spread across two lanes of I-44. The direct result was the client’s vehicle was caused to hydroplane and was struck by a tractor-trailer rig.
In 30 years of practicing law, Mr. Rohrer stated he had never brought a cause of action for a defective condition of a highway. However, Mr. Rohrer interviewed the wrecker driver in the area and learned of 25 “hydroplane collisions” involving water pooling on the highway near the same location.
Mr. Rohrer explained that, late one evening, he assembled a chart with all the water-related collisions on this highway for several years. Mr. Rohrer further explained the chart of the collisions was one of those “eureka” moments. Suit was filed in the Circuit Court of St. Louis, MO. There were many depositions taken, but the overwhelming evidence was that at this area of I-44 the drainage system was not being maintained.
In this controversy, Mr. Rohrer’s client wanted her story told, but did not want to reveal her extensive injuries or identity. What is still important in this claim is the concern as to whether the drainage system between the overpass at MO 109 traveling west toward the overpass at Six Flags is currently being repaired and maintained by the Missouri Highway Department/Commission.
So, if it is raining and you find yourself traveling west between these overpasses, be very careful.