ATV Settlement

Gary recently represented Paul’s family in a premises liability all terrain vehicle (ATV) case. Paul and his wife were
riding ATVs with a friend on private property in southern Missouri when the incident occurred. Paul, with his wife
riding on the back of his ATV, rode through the front lawn of a house and headed towards a trail. As they rode between
two trees in this yard, Paul struck a metal wire line strung between them. The impact immediately halted his forward
movement and he violently recoiled backwards off the ATV and onto the ground. Paul suffered “barbed wire” injuries to
his abdomen and chest from the impact. He was airlifted to a St. Louis hospital with multiple internal organ injuries
and after arriving went into cardiac arrest. Despite surgery and aggressive medical care, he died. The sudden impact
also injured Paul’s wife who suffered broken ribs among other injuries. The metal “clothes line” across the trail was a
dangerous condition of the premises.

We immediately filed suit, served process and engaged in discovery with the defendant. After learning the insurance
policy limits for this case were $600,000, we made a time-limited, policy-limit demand. We advised the insurance company
that they had 30 days to pay $600,000, or the offer would be rescinded and never offered again. Paul’s damages were much
greater than this amount; however, his blood alcohol content at the time of the accident was .18 (over two times the
legal limit). The insurance company accepted our demand. The structured settlement will provide payments to Paul’s
children for college and their first homes.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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