Simon Law Wins $1 Million Settlement In Wrongful Death Case

Case Summary

Adam Whittington, 27, died in July 2023 when Jennifer Jackson, a pediatric nurse driving under the influence of Xanax and methadone without a prescription, rear-ended his disabled vehicle at 71 mph in a 55-mph construction zone on the Jefferson Barracks Bridge. Whittington’s mother, Amy Daugherty, pursued a wrongful death claim represented by Simon Law attorneys Johnny Simon and Jared Waldhoff. The case resolved for $1 million during trial.

Key Highlights

• Simon Law’s client was intoxicated at the time and had caused a minor accident that disabled his vehicle; he had turned off his lights and stopped on the bridge when Jackson struck him.
• Jackson was arrested for DUI after failing multiple field sobriety tests; blood results showed Xanax and methadone in her system, neither of which she had a prescription for.
• Daugherty made a pre-suit demand for the $25,000 policy limit, conditioned on Jackson providing a sworn statement. The insurance company failed to fulfill that request despite multiple follow-ups.
• Daugherty filed suit and declined to accept the $25,000 policy limit after the insurer’s non-response, arguing the company had failed to properly accept the original demand.
• Just before trial, Jackson’s insurer offered $750,000; Daugherty proceeded to trial instead.
• After two days of evidence, the case settled for $1 million just before Jackson was set to take the stand.

Case Analysis

The case involved a wrongful death claim complicated by the decedent’s own intoxication and role in causing the initial, minor accident. It was a fact Simon Law attorneys addressed directly with the jury rather than avoiding. Attorney Johnny Simon framed the case around causation: regardless of Whittington’s poor decisions that night, he would have survived had Jackson not been driving recklessly and impaired through an active construction zone. A central thread in the case was the insurance company’s handling of the pre-suit demand, its failure to produce Jackson for a sworn statement despite repeated requests. Ultimately, the insurance company’s conduct increased the company’s exposure substantially beyond the original $25,000 ask.

Outcome/ Impact

The case resolved for 40 times the original policy-limit demand and roughly a third above the insurer’s last-minute offer. Attorney Jared Waldhoff pointed to the outcome as an example of the consequences insurers face when they refuse to engage with reasonable, straightforward requests from a victim’s family. The case underscores how an insurer’s failure to cooperate with a pre-suit demand can significantly increase its ultimate financial exposure once litigation proceeds.