On May 6, 2003, Catherine Wallner is traveling on U.S. 63 in Texas County, Missouri when her vehicle was broadsided by a Rural Disposal, Inc. trash truck. The driver of the trash truck alleged the brakes had failed on his vehicle. Plaintiffs discovered evidence suggesting prior episodes where this trash truck and other trash trucks owned by Defendant had faulty brakes. Catherine Wallner died of her injuries that same day at a local hospital. Mrs. Wallner was survived by her husband, Earl Wallner, and her daughters, Andrea and Stephanie. The case was settled for the applicable policy limit.