The Missouri motorcycle lawsuit known as Price v. Thompson ended in a $3.6 million judgment for Marlon and Michelle Price after a 2016 crash in Independence, and the Missouri Court of Appeals, Western District, affirmed that judgment in full on September 15, 2020. The trial court found Shirley Thompson vicariously liable for the negligence of Earnest Davis, an unlicensed driver she had asked to drive her car, and the appellate panel upheld both the liability finding and the damages.
The Crash on Sterling Avenue
On July 22, 2016, Thompson, who was diabetic and felt too unwell to drive, asked Davis to take her to a dental appointment in her Volkswagen Passat. Davis did not have a valid driver’s license and had prior convictions in Missouri and Indiana for driving without a license and driving on a suspended license.1Caselaw – Findlaw. Price v. Thompson, WD83002
Davis stopped at a QuikTrip on Sterling Avenue. Pulling out of the lot, he started to turn right, then swung left across the path of a southbound motorcycle ridden by Marlon Price. To avoid a direct hit that would have thrown him into oncoming traffic, Marlon laid his motorcycle down in the roadway.2Ott Law. Marlon Price and Michelle Price v. Shirley Thompson and Young America Insurance
After the collision, Davis drove Thompson on to her dental appointment. Thompson told the responding officer she had been the driver. She later admitted in a deposition that she knew Davis was behind the wheel but told police she was driving because the car and insurance were hers.1Caselaw – Findlaw. Price v. Thompson, WD83002
Marlon Price’s Injuries
Marlon suffered fractures to his tibia and fibula, deep vein thrombosis, and pulmonary embolisms. His medical prognosis called for anti-coagulant medication for the rest of his life and an eventual total knee replacement.3Missouri Lawyers Media. Court Affirms $3.6 Million Judgment for Motorcyclist Injured in Accident
Why Thompson Was on the Hook for a Crash She Didn’t Cause
The Prices filed a six-count suit against Thompson and Davis, then dismissed Davis without prejudice and concentrated on Thompson. Marlon’s claims against her included respondeat superior, negligent entrustment, and negligence per se. Michelle Price brought a separate loss of consortium claim. The central question was whether Davis had been acting as Thompson’s agent when the crash happened, which would make her vicariously liable even though she was a passenger.2Ott Law. Marlon Price and Michelle Price v. Shirley Thompson and Young America Insurance
The Section 537.065 Agreement and the Insurer’s Role
Thompson’s auto insurer, Young America Insurance Company, asserted a reservation of rights, citing what it called a lack of cooperation by Thompson and Davis, and filed a separate declaratory judgment action in Jackson County Circuit Court seeking a ruling that it owed no coverage.3Missouri Lawyers Media. Court Affirms $3.6 Million Judgment for Motorcyclist Injured in Accident
The Prices and Thompson then entered into an agreement under Section 537.065 of the Missouri Revised Statutes, a mechanism that lets an injured plaintiff and an insured defendant agree the plaintiff will pursue any judgment only against the insurance policy, not the defendant’s personal assets. It is typically used when the insurer disputes coverage. Young America received notice on March 29, 2018, moved to intervene under the 2017 revisions to the statute, and the trial court granted intervention on May 15, 2018.1Caselaw – Findlaw. Price v. Thompson, WD83002
The case was later recognized as the first appellate decision to involve a contested bench trial following those 2017 amendments, which gave insurers the right to intervene in such proceedings.3Missouri Lawyers Media. Court Affirms $3.6 Million Judgment for Motorcyclist Injured in Accident
The Verdict
The case went to a bench trial on April 2, 2019, before Jackson County Circuit Judge Jennifer Phillips. On May 20, 2019, Judge Phillips ruled for the Prices. She found a principal-agent relationship between Thompson and Davis, since Thompson had directed Davis to drive her and he was carrying out that task when the crash occurred, and held Thompson vicariously liable for his negligence. The court also found Thompson liable for negligent entrustment and negligence per se.2Ott Law. Marlon Price and Michelle Price v. Shirley Thompson and Young America Insurance
Marlon Price received $3,500,000. Michelle Price received $100,000 for loss of consortium.3Missouri Lawyers Media. Court Affirms $3.6 Million Judgment for Motorcyclist Injured in Accident
The Appeal
Young America appealed to the Missouri Court of Appeals, Western District, challenging the agency finding, the sufficiency of the damages, and arguing that Michelle’s loss of consortium award should fall because it was derivative of Marlon’s claim.2Ott Law. Marlon Price and Michelle Price v. Shirley Thompson and Young America Insurance
On September 15, 2020, a three-judge panel affirmed the judgment in full. Judge Thomas N. Chapman wrote the opinion, joined by Judges Gary D. Witt and Lisa White Hardwick. The panel held that the evidence supported the agency finding and Thompson’s vicarious liability, and that because Marlon’s underlying claim was valid, Michelle’s derivative claim was valid as well.1Caselaw – Findlaw. Price v. Thompson, WD83002
Collecting on the Judgment
After the affirmance, the Prices pursued a garnishment action against Young America to collect the $3.6 million. As of September 2020, that action had been removed to federal court, sent back to Jackson County Circuit Court in August 2020, and remained pending. The available record does not show a final resolution of the garnishment or any settlement between the Prices and the insurer.3Missouri Lawyers Media. Court Affirms $3.6 Million Judgment for Motorcyclist Injured in Accident