Madison - St. Clair Record

Friday, November 22, 2019

Truck driver, employer settle suit involving fatal I-55 crash in November 2017

Lawsuits

By Heather Isringhausen Gvillo | Dec 19, 2018

Law money 04

The father of a woman who was killed in a multi-vehicle crash on I-55 in November 2017 has reached a confidential settlement with the truck driver who caused the collision and his employer.

Phong Vu filed an amended petition to settle the wrongful death cause of action against FAF Inc. and Mohamed Yussuf Jama on Dec. 12 through attorney James O’Brien of Buchanan Williams & O’Brien PC in Brentwood, Mo.

Madison County Circuit Judge David Dugan granted the parties’ petition to settle the suit. The order states that “the proposed settlement consideration is appropriate and adequate for the settlement and release of all claims for the wrongful death of Vivian Vu.”


Vivian Vu

The plaintiff’s counsel will receive 25 percent of the settlement.

Vivian Vu’s father will receive 38.6 percent of the settlement, her mother will receive 38.6 percent of the settlement, her sister will receive 9.1 percent of the settlement and her brother will receive 13.7 percent of the settlement.

The order states that the only lien or claim against the cause of action is the Survival Flight Inc.’s lien for funds paid for medical services.

Dugan also ordered Jama and Phong Vu to split the Guardian ad Litem fees in the amount of $3,499.92 to Erin Phillips of Unsell Schattnik & Phillips PC in Wood River.

Phong Vu filed the suit against Jama, FAF Inc. and Keller Construction on March 5.

According to the suit, Vivian Vu was riding as a passenger in a 2016 Chevrolet Express bus along with other students returning from an academic conference in Chicago when Jama caused the multi-vehicle collision. Vu, 19, suffered injuries resulting in her death on Nov. 23.

The suit suggests Jama may have been using a cell phone or another electronic device at the time of the crash.

Jama was charged in April after he turned himself in. 

The charges allege Jama was driving a 2016 Cascadia Freightliner tractor trailer in a construction zone near the Hamel exit on I-55 at a speed which was greater than reasonable and proper given the traffic conditions. The charges allege Jama failed to reduce speed appropriately and caused the fatal multi-vehicle collision.

The crash also killed Madisen N. Bertels, Hailey J. Bertels and Tori R. Carroll, and injured 11 other individuals.

Keller Construction was the general contractor performing repairs and construction on an asphalt crossover on the interstate. Keller Construction also installed the traffic control devices preceding and within the construction zone.

The claims against Keller Construction remain pending.

Madison County Circuit Court case number 18-L-301

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Organizations in this Story

Unsell, Schattnik & Phillips PCBuchanan, Williams & O'Brien PC

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