Personal Injury Trial Report – Car Accident / Product Liability

NATURE OF CASE:

Motor Vehicle Accident / Products Liability

INJURIES ALLEGED:

Ruptured lumbar disc

NAME OF CASE:

Withheld.

AMOUNT OF SETTLEMENT

$ 400,000.00

ATTORNEYS FOR EMPLOYEE:

Joseph M. Burke, PARKER | SCHEER, Boston, Massachusetts

ATTORNEY FOR INSURER:

Withheld.

OTHER USEFUL INFORMATION:

The employee was a 35 year old truck driver who whose brakes failed as he was nearing “deadman’s curve” in Florida, Massachusetts. He was able to roll the tractor-trailer onto to its side but in so doing suffered fractured ribs and a broken pelvis.

It took nearly two hours to remove the employee from the cab as it hung over the guard rail nearly 100 feet above a cliff. He was transported to Bay State Medical Center where he underwent surgery to stabilize and repair his pelvic fractures.

Claims were filed against the lessor of the truck, the manufacturer of the brake system, and the repair facility which did the vehicle’s most recent brake repair. After nearly two years of extensive discovery, the case was settled following mediation.

In addition to this settlement, the truck driver’s workers’ compensation claim was settled after receipt of 3 and ½ years of benefits for $ 60,000.00.

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