Missouri Court of Appeals, Western District / Oct 29, 2024
Jill Mabie, Individually, and As A Representative of the Wrongful Death Class of Decedent, Charles Mabie vs. Somona Mason a/k/a Somona Anderson
Jill Mabie filed a wrongful death action against Somona Mason after Mason caused the death of Mabie's husband in a motor vehicle accident. After a jury awarded Mabie $40,000,000 in damages, the trial court also awarded prejudgment interest. Mason appealed, arguing that Mabie's settlement offer did not comply with section 408.040, RSMo, because she failed to send a certified copy to Mason's insurer and failed to attach a list of employers. The appellate court affirmed the trial court's judgment, finding that Mabie's offer complied with the statute.