COLUMBIA − A wrongful death lawsuit regarding a January Osage County deadly crash reached a settlement earlier this week.
The family of Zachary Patchin will receive a $4.5 million settlement, a Franklin County judge ruled Monday.
Patchin, of Barnhart, was killed in a head-on crash while traveling on U.S. Highway 50 on Jan. 21. An Ice Cream Factory LLC box truck, driven by Kale Durr, made an improper pass while trying to pass a tractor trailer and hit Patchin's vehicle head-on, according to a crash report from the highway patrol.
The area was a no-passing zone, on a blind curve, according to a news release from the family's attorney. Durr's vehicle traveled off the road and overturned, while Patchin's vehicle caught fire and burned, the report said. Both men died.
Patchin's mother, Tina Adams, filed the wrongful death lawsuit in February. The suit alleged the Ice Cream Factory did not ensure Durr was properly licensed with a Class E-Chauffer license and trained to operate a commercial vehicle.
“This was a terrible accident that would have been avoided if the Ice Cream Factory had ensured that Mr. Durr was properly licensed and trained to operate a commercial vehicle and followed the rules of the road,” Richard Zalasky, the Brown & Crouppen attorney representing Patchin’s family, said in the release. “Throughout this entire process we never waivered on securing the coverage limit of $6 million on behalf of Mr. Patchin’s family and to provide for his unborn daughter’s future wellbeing.”
The suit also named the Pulaski County public administrator who acted as a personal representative of Durr's estate.
Patchin's parents and daughter, who was born after his death, will receive cash payments as part of the settlement. His daughter will start receiving payments of nearly $14 million when she turns 18.
