This photo of Kathy Mueller and her children was taken just days before she was injured in a freak traffic accident in June 2002.
Family settles suit
over accidentA woman who was hit by metal
in traffic will receive $6 million
Kathy Mueller was a vibrant, 36-year-old stay-at-home mom caring for two young sons and her husband when she suffered extensive brain damage in a freak traffic accident two years ago.
She now depends on others for round-the-clock care.
Yesterday, Wayne Kekina, the attorney for the Muellers, announced a $6.15 million settlement with American Movers Inc. and insurance companies that her family hopes will help pay for her care and treatment in the years ahead.
"Hopefully, the money will help somewhat to get their life back in order," Kekina said.
Mueller was driving home to Waipahu on Kunia Road on June 10, 2002, when she was struck in the head by a 13-pound metal hydraulic jack head extension. The metal piece, 4- 1/2 inches by 8 inches long, was kicked up through her windshield by the rear tires of a semi-trailer hauling welding equipment from the Ewa Sugar Mill to Waialua.
A Wahiawa-bound motorist traveling behind the American Movers trailer witnessed the metal piece getting caught between the trailer's tires and being pitched into the windshield of Mueller's car.
The piece bent the steering wheel and struck her in the head before landing between the legs of 2-month-old son Parker, who was secured in his safety seat, Kekina said. The infant and his 4-year-old brother Kelby were unharmed.
Kathy Mueller is shown in a recent photo. She suffered intensive brain damage in June 2002 after being struck in her car by a hydraulic extension jackhead that fell off a moving flatbed truck.
American Movers was the sole party responsible for moving welding equipment owned by American Welding, Kekina said. The tragedy could have been avoided had American Movers properly secured and contained the equipment it was hauling, he said.American Movers does not admit any liability in this case. Attorneys for American Movers Inc.'s insurance company could not be reached for comment.
American Movers went out of business last year. At the time of the accident, American Welding's move was being financed by the city to make way for the redevelopment of Ewa Villages, Kekina said.
The settlement, approved by the probate court Friday, will be paid by insurance companies for American Movers and the Muellers' insurance policy.
The 4.5-inch by 8-inch hydraulic extension jackhead that injured Kathy Mueller.
Mueller incurred mounting bills in excess of $400,000 after undergoing several brain surgeries, Kekina said.The former Waipahu woman was in and out of a coma until January 2003, when she regained consciousness and was returned to her husband's hometown in Bellevue, Iowa.
She is receiving 24-hour care at the Mill Valley Care Center in Bellevue at a cost of $12,000 a month.
Her doctors say her prognosis is poor. She is in a wheelchair most of the day and requires therapy and a caregiver to tend to all her basic needs, including eating, bathing, and brushing her hair and teeth, Kekina said.
While she is aware of her surroundings, she cannot speak, although she tries. Her doctors say she recognizes her sons and cries when she sees them.
Her family hopes to bring her home to have her cared for there.
Her husband Mark, who has cared for the children since the accident, has struggled despite the support of family, friends and his church, Kekina said. He recently decided to take a leave of absence without pay from his job to care for his children.
"The family has been devastated by this accident and the two children are having a hard time accepting their mother's (condition) when they visit," Kekina said.
