Tractor-Trailer Jumped on Sidewalk
WRSH Partner obtained a verdict in excess of $1.2 million dollars for a 58 year old woman who was hit by a tractor-trailer which jumped up on the sidewalk where she was walking. Our client suffered rib, shoulder, skull and thumb injuries.
The Defense claimed that the driver lost control of his vehicle due to a "coughing fit" and lost consciousness. They argued that since their client suffered a medical emergency, he could not be found negligent in causing this accident. The owner of the truck and employer of the defendant truck driver did acknowledge three previous medical-emergency accidents but was able to provide a recent doctor's certificate which was issued 16 days before the incident that cleared him to operate a tractor-trailer. Using that same certificate, WRSH Partner was able to prove that this medical clearance to drive was acquired partially through a false medical history as given by the driver. We further proved, through the testimony of the responding police officers, the driver of the truck appeared lucid at the scene and never told them that he had lost consciousness. We argued that this loss of consciousness claim was nothing more than a farce created during the litigation process.
Our client sustained a fractured skull, three rib fractures, and a displaced fracture of a clavicle and a rupture of her right (dominant) thumb's ulnar collateral ligament. WRSH Partner sought recovery for the past and future medical expenses and damages and $1,207,930 was awarded to our client.