Jaywalking pedestrian struck by driver in Kirkwood settles for $736,250

A St. Louis County pedestrian who was struck by a car while trying to cross Manchester Road in Kirkwood two years ago has reached a $730,250 settlement at mediation with the responsible driver.

Marcia E. Smith, a certified nursing assistant, was hit by a 2013 Honda Accord after crossing the westbound lanes of the 16000 block of Manchester on Jan. 16, 2023, but still standing in the roadway shortly after 7 p.m.

Lead plaintiff’s attorney Chris Hoell said his client was attempting to reach a bus stop on the other side of Manchester while on her way home from work.

Smith alleged negligence on the part of Benjamin Cauble, a teen driving a family vehicle,  with the settlement reached during mediation, with former St. Louis County Circuit Judge Barbara Wallace as mediator.

Hoel said his client acknowledged that she was jaywalking to catch her bus at nighttime, but she also alleged that the road was well lit and in a construction zone. Video of the traumatic impact captured from a neighboring car dealership shows that Smith was wearing a long white coat, he added.

The mediation focused primarily on comparative fault and future damages, he said, with a pre-mediation offer of $450,000.

“I’m glad we were able to resolve the matter without unnecessary delay,”   said defense attorney Michelle White of Rynearson Suess Schnurbusch Champion in Springfield.

The Verdict

• $730,250 settlement
• Motor vehicle collision
• Venue: St. Louis County Circuit Court
• Case Number/Date: 24SL-CC-020804/Nov. 6 , 2024
• Injuries alleged: head, brain, neck, back, spine, leg, knee, ankle, foot, neurological
• Injuries detail: vertebral fractures, fractured arm, collapsed lung and spine and fluid collection, with a severe laceration to her head. Multiple contusions to torso and extremities. Ongoing issues including nerve pain in foot and leg and breathing issues. Plaintiff has had three surgeries related to her injuries to date.
• Caption: Marcia Smith v. Benjamin Cauble
• Plaintiff’s attorneys: Chris Hoell (lead), Clayton; Hugh Eastwood, Clayton
• Defendant’s attorneys: Debbie Champion (lead) and Michelle White; Rynearson Suess Schnurbusch Champion, Springfield