$70 Million Platte County Record for Family of Boy Killed in I-29 Construction Zone Crash

On June 13, 2020, John and Ruth Cosgrove were driving northbound on Interstate 29 through a construction zone in Platte County, Missouri. They had their two young grandchildren with them, heading west to meet the children's parents for a family camping trip. Traffic slowed ahead of the work zone. A Ford Explorer driven by Cherlyn McWhirt did not.

McWhirt's vehicle struck the Cosgroves' Prius from behind at speed. Eight-year-old Caleb was pronounced dead at the scene. His six-year-old sister, Emery, suffered a fractured leg, lost teeth, and serious emotional trauma. Both grandparents sustained injuries and significant psychological harm.

At trial in Platte County Circuit Court before Judge W. Ann Hansbrough, Tim Dollar and Lauren Dollar of Dollar, Burns, Becker and Hershewe tried the case for the Geiger family. Co-counsel John E. Turner of Turner and Sweeny represented the Cosgroves. The plaintiffs presented evidence that McWhirt had been using her phone at the moment of impact. A recording McWhirt made to her insurance carrier was captured on audio during the crash itself, and jurors heard a redacted version of that call.

The defense contested speed, arguing McWhirt traveled with the flow of traffic, and pointed to construction signage as a contributing factor. Jurors rejected those arguments after deliberation.

On July 27, 2023, the jury awarded $70 million total: $30 million for the wrongful death of Caleb, $20 million for Emery's injuries, and $10 million each to John and Ruth Cosgrove. The verdict is the largest in Platte County history. No reduction or remittitur on the tort judgment has been reported in subsequent court filings or coverage.