ST. LOUIS – An attorney for a man involved in a car crash is fighting to overturn a judgment against his client, and he's willing to go to the state's highest court.
Thomas Hershewe, an attorney from Dollar Burns & Becker and representative for Carlus Parker, is preparing to file a motion to the Supreme Court to overturn an appeal decision made in favor of Enterprise Leasing Co. and ELCO Administrative Services Co. in Parker v Enterprise et al.
“I’m still appealing it,” Hershewe told the St. Louis Record. “I’m going to file a motion to the Supreme Court.”
The Missouri Court of Appeals ruled against Parker in a liability claim involving a motor vehicle crash that allegedly caused injuries to motorist Darion Clayborne. Parker allegedly hit Clayborne while driving a vehicle he leased through Enterprise. Originally, Clayborne filed suit against Parker, receiving a judgment of $525,000.
Parker, in turn, filed a suit against Enterprise and its subsidiary ELCO, stating they were liable as renters of the vehicle. Parker and Hershewe argued that Enterprise had delayed tendering a $25,000 payment as compensation to Clayborne before he filed his lawsuit.
They had also argued Enterprise was obligated to assume Parker’s defense in the event of a lawsuit under their rental agreement and Missouri Motor Vehicle Financial Responsibility Laws. Parker made these allegations despite waving defense from Enterprise and ELCO and opting not to pay for additional liability insurance at the time of renting the car.
The Circuit Court of the City of St. Louis and the Missouri Court of Appeals disagreed with Parker’s argument, stating that the companies were not insurers and had fulfilled their obligations as automotive leasers. Hershewe is preparing to counter this decision.
Because it is ongoing, Hershewe declined to comment further on the case and his opinions on the justice’s decision.
“I have no comment otherwise pending” Hershewe said.