Wrongful death lawsuit settled for $4.5 million in U.S. 50 crash

Posted 10/5/22

ST. LOUIS — The infant daughter of a Barnhardt, Mo., man killed Jan. 21 in a head-on crash on U.S. 50 in Osage County will receive nearly $14 million in payments beginning when she turns 18 …

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Wrongful death lawsuit settled for $4.5 million in U.S. 50 crash

Posted

ST. LOUIS — The infant daughter of a Barnhardt, Mo., man killed Jan. 21 in a head-on crash on U.S. 50 in Osage County will receive nearly $14 million in payments beginning when she turns 18 from a wrongful death lawsuit settlement reached Sept. 26 in Franklin County.

Zachary M. Patchin, 28, died when a Ford E450 box truck driven by an Ice Cream Factory, LLC, employee attempted an improper pass around a tractor-trailer unit on a blind curve in a no-passing zone. Patchin’s 1997 Chevrolet Silverado pickup truck caught fire and burned following the head-on crash. The driver of the box truck, Kale S. Durr, 22, St. Robert, Mo., also died.

“This was a terrible accident that would have been avoided if the Ice Cream Factory had ensured that Mr. Durr was properly licensed and trained to operate a commercial vehicle and followed the rules of the road,” said Richard J. Zalasky, an attorney for Brown & Crouppen representing Patchin’s family in the lawsuit.  “Throughout this entire process we never waivered on securing the coverage limit of $6 million on behalf of Mr. Patchin’s family and to provide for his unborn daughter’s future wellbeing.”

A portion of the money will fund tax-free payments to Patchin’s minor child, Zariyah Marie Louise Patchin, who was born after her father’s death, in an account which is estimated to grow to more than $14 million dollars.

Patchin’s mother and father will each receive cash payments as part of the settlement, according to a release from Brown & Crouppen P.C.

The wrongful death lawsuit alleged that the Ice Cream Factory was responsible for negligent entrustment because the company knew, or should have known, that Durr did not have the required Class E-Chauffer License and training to operate its truck.  The wrongful death lawsuit also named Loretta Rouse, Pulaski County public administrator, who was the duly appointed personal representative in the lawsuit for the estate of Kale Seth Paley Durr.

The settlement was approved Friday by Franklin County Circuit Judge Ryan Helfrich.