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FIORE v. Yellow Freight Systems Inc., St. Louis

Yellow Freight was sued for more than $20 million over a collision between a tractor-trailer and the plaintiff, which resulted in the plaintiff suffering brain damage and an amputated limb. We asserted that the plaintiff substantially contributed to the accident. During trial, Yellow Freight’s insurers entered into a high-low agreement with the plaintiff that capped the defendant’s damages at a favorable level. When the jury returned, its verdict was actually lower than the low limit of the high-low agreement.