Simon Law Wins $3 Million Jury Verdict For E-Scooter Crash Victim

Case Summary

A man riding an electric scooter through Clayton, Missouri, crashed after hitting a pile of gravel left in a bike lane by a pool contractor, breaking his arm. He was later diagnosed with a herniated disc. Simon Law attorneys Kevin Carnie Jr. and Patrick R. McPhail represented the plaintiff in a three-day trial in St. Louis County, resulting in a jury verdict of more than $3 million.

Key Highlights

• The contractor allegedly failed to obtain a permit or place cones or reflective barriers around the gravel pile in the bike lane.
• The jury deliberated for about 1½ hours before returning a unanimous verdict for the plaintiff.
• The jury awarded $3 million in compensatory damages and found the defendant liable for punitive damages; after the defendant presented evidence of roughly $70,000 in net worth, 9 of 12 jurors awarded an additional $10,000 in punitive damages.

Case Analysis

The case hinged on establishing that the contractor’s failure to secure a known hazard in a space specifically designated for cyclists and scooter riders constituted negligence. McPhail emphasized that bike lanes are meant to give riders “a safe space to ride,” framing the absence of a permit, cones, or reflective barriers as a basic, avoidable failure rather than an unforeseeable accident. The relatively fast jury deliberation suggests the liability evidence was compelling and largely undisputed. The two-phase structure of the trial, separating compensatory damages from the punitive damages inquiry into the defendant’s net worth, is a common approach for cases seeking to hold a company accountable beyond simply compensating the injured party.

Outcome/ Impact

The jury’s verdict totaled $3 million in compensatory damages plus $10,000 in punitive damages. Attorney Kevin Carnie Jr. framed the outcome as a broader message to contractors who cut corners on safety to save time.