Craig R. Oliver and Mark E. Brinkmann, The Law Offices of PalmerOliver, P.C., attorneys for plaintiff and Gary R. Cunningham, Lathrop & Gage, attorney for defendant The Braun Corporation; William L. Yocum, Shughart, Thomson & Kilroy, P.C., attorney for defendant Liberty Conversions; and Joe Winget and Steve Ward, Turner, Reid, Duncan, Loomer & Patton, attorneys for defendant  The Mobility Store
 

On the morning of Wednesday, September 22, 1999, Ms. Engman, a quadriplegic, was traveling in her modified 1997 Ford Econoline van westbound on I-44 in Phelps County, Missouri. Ms. Engman was driving in the north lane up a hill that curved slightly to the left. Without warning, Ms. Engman’s van jerked to the left, crossed over the south side of the westbound lanes of travel, slid across the median and both eastbound lanes of I-44, continued over the eastbound shoulder, slid off the roadway and began overturning. The van rolled three times before coming to a rest on the driver’s side in a cement ditch. Ms. Engman was partially ejected from the vehicle. The investigating officer inspected the undercarriage of the van and noticed that the van’s drive shaft had been completely cut in half.

As a result of the accident, Ms. Engman sustained a broken tibia in her right leg, lacerations her nose and eye, aggravation of her joints, and increased arthritis in her shoulders and neck.  She had instability of her T12-L1 joint, which was caused by the accident. This instability caused spinal cord compression which, in turn, caused the autonomic dysreflexia. Once the neurological diagnosis was made, a fusion was performed to her vertebra and the autonomic dysreflexia disappeared until September 2003 when it was determined that a second surgery was necessary to correct additional instability of the spinal column. After each back fusion, Ms. Engman had to wear a body brace making her totally dependent on attendant care for four months after each surgery.

Ms. Engman’s right leg is now two inches shorter than her left leg, which interferes with transfers, and the right leg staying on the wheelchair pedal. Before the accident, Ms. Engman could feel light and hard touch sensations which allowed her to know where her feet and legs were and if they were on the bed or wheelchair pedal. It also helped her to know if she was rubbing her foot or ankle on something or not. She has had several significant injuries to her feet and ankles since the accident due to this loss of feeling.
 

Ms. Engman’s accident resulted from the failure of the drive shaft caused by physical contact with the wheelchair lift installed underneath the vehicle. The Mobility Store selected a Braun Under Vehicle Lift for installation upon the van. Liberty Conversions installed the lift on Ms. Engman’s van. The design of the Braun Under Vehicle Lift did not provide adequate clearance between the lift and the drive shaft of the van, thereby resulting in physical contact between them. An alternative drive shaft design, known as a split drive shaft, could have alleviated the clearance distance problem and was a known alternative at the time the lift was installed upon the van.

Ms. Engman has incurred medical expenses in excess of $188,000.00.

Settled for a confidential amount.