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.
