NEWS & REPORTS

Trial Success Story

Jun 23, 2023 | Articles

Doug Marcello

 

The Bottom Line
Trial success in case involving Plaintiff’s claim that his legs were run over by my client’s truck causing the amputation of his leg.

The Numbers
Plaintiff demanded $1.420 million. Pre-trial offer $50,000. Verdict $37,000.

The Facts
Plaintiffs hired my clients to move them from Pennsylvania to California. During the day of the move, freezing rain developed and became progressively worse.

After the truck was loaded, my driver decided to spend the night there due to the freezing rain. Plaintiff asked if he would move the truck because it was blocking the driveway. He also said that he would take the driver in his car to a spot where he would be able to turn the truck around in the morning.

Plaintiff and the driver agreed to meet at Plaintiff’s car which was parked across the street diagonal from the front of the truck. The driver proceeded to truck, did a walk around, and began to back up. Unknown to him, the Plaintiff had come to the passenger side of the truck.

Plaintiff alleged that the truck ran over his leg, resulting in its amputation. Plaintiff had had problems with the leg prior to the accident including peripheral neuropathy and vascular disease.

Plaintiffs also sought punitive damages against the driver and the company.

The Verdict
At the end of the four day trial in Pike County, PA the jury apportioned negligence 51% to the driver and 49% to the Plaintiff. It awarded the amount of the Medicare lien which was stipulated at $74,000. Reduced by Plaintiff’s negligence, the ultimate verdict was $37,000.

The Issues
My colleagues, Alyssa Adams and Tiffany Peters, drafted the motions in limine and briefs, including achieving the following:

  • Excluded CDL Manual, Smith System, ATA Preventability Guidelines;
  • Excluded the police report;
  • Precluded Plaintiff witness from opining that Defendants’ conduct was “reckless” and/or “outrageous”;
  • Excluded driver’s prior accidents;
  • Excluded driver’s MVR;
  • Excluded driver’s prior criminal conviction;
  • Excluded evidence of out-of-pocket living expenses;
  • Excluded testimony of “fear and terror” by Plaintiff’s pain expert.

About the Author

NEWS & REPORTS

DOT issues dozens of deregulatory notices

Mark Schremmer The U.S. Department of Transportation is taking the first steps toward decreasing the regulatory burdens on trucking and other applicable industries. This week, the DOT announced more than 50 proposals or final rules aimed at streamlining the Code of...

DOT recommends rescinding or amending numerous FMCSA regs

The U.S. Department of Transportation last week announced 52 deregulatory actions across Federal Highway Administration (FHWA), Federal Motor Carrier Safety Administration (FMCSA), and National Highway Traffic Safety Administration (NHTSA). Of the 52 deregulatory...

Crash Causal Factors Program (CCFP)

The Crash Causal Factors Program (CCFP) is a detailed crash data collection and analysis effort intended to: Identify the key factors that contribute to crashes involving commercial motor vehicles (CMVs), Inform countermeasures to prevent these crashes, and Establish...

OOIDA Foundation details trucking’s driver churn problem

Mark Schremmer The trucking industry is trapped in a cycle of perpetual driver churn, according to a new analysis from the OOIDA Foundation. In a recently released white paper, “The Churn: A Brief Look at the Roots of High Driver Turnover in U.S. Trucking,” the...

CATEGORIES