Wednesday, April 7, 2010

Recent Settlement in Northeastern Pennsylvania Trucking Accident Case

The following settlement in a Northeastern Pennsylvania trucking accident case was recently reported in the Legal Intelligencer and the Pennsylvania Law Weekly.

Case name:
HELEN and ANTHONY GROSEK, JR. v. PANTHER II TRANSPORTATION, INC., PANTHER EXPEDITED SERVICES, INC. and ANTHONY L. SANDERS a/k/a TONY L. SANDERS

Court name & docket number:
United States District Court for the Middle District of Pennsylvania
No. 3:CV 1592

Judge:
James Munley

Attorneys:

For Plaintiffs: Richard A. Russo, Esquire and Andrew Bigda, Esquire of Rosenn, Jenkins & Greenwald in (Wilkes-Barre)

For Defendants: Thomas Kuzmick and Valerie Kellner of Rawle & Henderson (Philadelphia)

Insurance carrier: Zurich Insurance

Facts:

In May of 2007, a tractor trailer allegedly failed to stop for a red traffic light at a four way intersection, allegedly resulting in a collision with a car driven by a retired 83 year old woman. The primary injuries alleged were a traumatic brain injury and numerous broken bones.

The truck driver denied running a red light, and claimed that his traffic light changed to yellow as he was about to enter the intersection. Plaintiffs alleged that the truck driver was reckless and negligent for failing to stop at a red traffic signal, and the trucking company was vicariously liable for the driver's conduct.

In addition to a claim for compensatory damages, the suit included a claim against the trucking company for vicarious punitive damages due to the driver’s alleged reckless indifference to the safety of others as a result of his never having braked for an obvious red light.

Plaintiffs’ Experts:
Dr. W. Fred Hess (orthopedic surgeon), Danville, PA
Dr. Jonathan P. Hosey (neurologist), Danville, PA
Mona G. Yudkoff (life care planner), Bala Cynwyd, PA
Christina Kelly (trucking expert), Indianapolis, IN
Lance E. Robson (professional engineer), Eagle’s Mere, PA
Dr. Jonathan A. Cunitz (financial expert for punitive damages) Westport, CT

Defendants’ Experts:Dr. Thomas DiBenedetto (orthopedic surgeon), Allentown, PA
Dr. Richard Bennett (neurologist), Philadelphia, PA
Hugh Galbreath: (trucking expert), Morristown, IN
Suzanne Salmon (life care planner), Philadelphia, PA

Result: The case settled at trial for $3 million after opening statements were made to the jury.

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