$2.5 Million Verdict-Cedar County, Missouri

By The Cagle Law Firm | September 8, 2025 |

Cedar County Jury Finds $2.5 Million for Plaintiff

Zane T. Cagle and Andrew G. Mundwiller of The Cagle Law Firm secured a $2.5 million jury verdict on behalf of their client, Jose Cabrales. The verdict was reached on August 29, 2025, in Cedar County, Missouri before Hon. David Munton. The lawsuit, Plaintiffs Jose Cabrales, et al. v.  Defendant the Estate of Jamie Kirch, stemmed from a motor vehicle collision that occurred on December 7, 2021. The Defendant Estate of Jamie Kirch was found to be 100% liable.

Case Background Subsequent to filing the lawsuit Plaintiffs moved for a change of venue and the matter was transferred to Cedar County.  The collision took place at the intersection of Routes T and U in Barton County, Missouri. The defendant’s van failed to yield the right of way and pulled into the path of the plaintiff’s northbound vehicle. The driver of the van was killed in the crash, and her three passengers, including two children, were taken to the hospital. The plaintiff, Jose Cabrales, was also transported to the hospital with a neck injury, bruises, and lacerations. The Missouri State Highway Patrol conducted an accident reconstruction and determined that Plaintiff was traveling 8 mph over the speed limit seconds for before the collision and that the van failed to yield and entered the roadway in front of the plaintiff, whom had the right of way.

Plaintiff’s Injuries and Damages Following the crash, Mr. Cabrales was hospitalized and later underwent a cervical disc replacement surgery nearly two (2) years after the collision. He had a pre-existing low- back injury, which defense counsel argued meant Defendant was not responsible for his injuries. Furthermore, Defendant argued that Plaintiff’s medical records consistently stated he had chronic neck pain prior to the motor vehicle collision.  Plaintiff’s counsel did not submit any past or future medical bills, past or future wage loss claims, to the jury. Instead, the plaintiff argued Mr. Cabrales past and future pain and suffering and loss of a normal life.  As well, Mr. Cabrales wife made a loss of consortium claim due to the permanent nature of Mr. Cabrales injuries.

Pre-Trial and Trial Details The insurance carrier for the defendant was Progressive Insurance. Prior to the trial, Progressive made an offer of $50,000 to resolve all claims, which the plaintiff rejected. The trial was held before a jury, presided over by the Honorable David R. Munton. The defendant was represented by George R. Lewis and Christopher Harper of Franke Schultz & Mullen.

The plaintiff’s expert witnesses included Dr. Byron H. Willis, a treating surgeon, and Michael Eden, a reconstructionist from the Missouri State Highway Patrol. The defense did not provide any expert testimony to support claims of shared fault or medical opinions. The defense argued that the plaintiff failed to reduce his speed and was also at fault for the collision and suggested the jury find Plaintiff between 50% and 75% at fault.

Verdict After a three-day trial, a Cedar County jury found in favor of the plaintiff. Nine of the twelve jurors agreed to the $2.5 million verdict. The jury did not find for the plaintiff’s wife.

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