A $376,370 settlement has been reached between the family of a Warrenton man, who was killed in a vehicle accident involving an on-duty Warrenton police officer, and the city of Warrenton’s insurance provider.

The two sides agreed to the amount, which is the maximum allowed under state statute. A wrongful death lawsuit was filed March 29 against police officer Kyle Smith and the city.

Smith, 24, was responding March 14 to an emergency call when his patrol car collided with another vehicle that had turned into his path on Highway 47 at the intersection of Ash Road.

The other driver, Donald L. Wood, 59, was killed in the crash.

According to court records, the proposed settlement was agreed to during a court hearing held Sept. 3. A ruling has yet to be made on how the settlement will be dispersed among the plaintiffs. A hearing is scheduled for Oct. 8 at 9 a.m. Keith Sutherland is presiding over the case.

Three children from a previous marriage of Donald Wood’s — Angela Kay Wood, Robert Allen Wood and Donald Lee Odell Wood, all of Tennessee — initially filed the wrongful death lawsuit. His widow, Sandra Wood, was added later as a plaintiff.

Wood’s children are being represented by Lee Elliott, of Troy. Sandra Wood is represented by Joel Brett. 

Terri Thorn, the city’s director of operations/finance officer, said the settlement amount was paid by Savers Property and Casualty Insurance Company. She also said the city will not have to pay a deductible. The city was represented by Keith Henson, a lawyer with the St. Louis-based firm of Paule, Camazine and Blumenthal, P.C.,

The Missouri State Highway Patrol reported that Wood had stopped in the northbound lane and was turning onto Ash Road at 12:13 p.m. At the same time, Smith was northbound in the southbound lane, passing a line of stopped traffic and collided with Wood’s 2004 Pontiac Grand Am. Wood was pronounced dead at the scene at 12:55 p.m. 

A Highway Patrol reconstruction report of the wreck estimated that Smith was traveling between 87 and 99 mph at the time of the fatal collision.

In contrast, Wood’s vehicle was going 9 mph as he was making the turn, according to the report.

The posted speed limit in the area is 50 mph. Smith had his lights and sirens activated throughout his response upon leaving city hall after a call came in for a domestic disturbance. 

According to the wrongful death petition, Wood’s family alleged Smith’s driving was negligent because he was traveling too fast, was attempting to pass at an intersection and did not slow as he approached it, did not activate his lights and siren sufficiently to other drivers, including Donald Wood, and failed to take appropriate evasive action once a collision was imminent.

The suit also claims that the city was directly negligent in failing to adequately train Smith and failed to enforce its police vehicle operations policy.

Smith was fired in a May 4 closed meeting by Warrenton aldermen. He had been placed on paid administrative leave pending the outcome of an internal investigation.

He had been with the department for three years. He sustained minor injuries and was released from the hospital on the day of the crash. 

The Warrenton Police Department’s policy for emergency situations states speeds for responses shall be restricted to 10 mph over the speed limit on city streets and 15 mph on all state-maintained roadways unless the responding officer can justify operating at a speed that exceeds these guidelines.

Wood was within a couple of miles of his home in the Ashland Meadows subdivision and was returning from Sunday church services at Warrenton Baptist Church.

In addition to his wife and three children, he is survived by two stepchildren, eight grandchildren and two great-grandchildren.