O'FALLON - The wife of a man who died when a deck collapsed is asking the court to approve a settlement offer with the insurance company in her wrongful death action.
Jaborie Taylor, who filed the action on behalf of the estate of her husband Johnny, believes the settlement offer totaling $138,740 from the United Services Automobile Association is fair and reasonable.
The action stems from an incident in April 2018 where a second-story deck collapsed at Winding Road Creek Ct. in O'Fallon. Johnny Taylor died following the collapse.
Plaintiff Taylor filed the petition to settle in the St. Clair County Circuit Court. She seeks to settle the complaint with defendants Samuel R. Douglas, Suzy D. Douglas, Living Waters Property, and the insurance company.
The petition notes that the owners of the property had liability insurance of up to $300,000 in place at the time of the incident.
An offer of settlement to take care of all claims against the defendants was made by the insurance company.
The plaintiff and her lawyer believe the offer is a "reasonable" one to settle the claim for damages for the wrongful death action.
Most of the money will de divided equally between Jaborie Taylor and Johnny Taylor Jr.
The petitioner is asking for the court to permit an acceptance of the offer, thereby releasing all defendants from all claims.
A Fox2 News report from the time stated that approximately a dozen people were on the deck when the accident occurred.
One person was critically injured and five were treated for minor injuries when the second story deck collapsed. They fell approximately 10 to 12 feet, the news report added.
Calls to the property went unanswered this week.
The plaintiff is represented by Debra Brock-Moore of Belleville.
St. Clair County Circuit Court case number 19-L-479