Cases and Articles

Transportation Articles

• Adopt an Aggressive Defense in Trucking Suits—ATA SMC Informer
• Anatomy of a Successful Lawsuit—ATA SMC Informer
• Plaintiff Caught, Plaintiff Punished—Transportation Lawyer
• New Opportunity—Social Media Discovery—The Transportation Lawyer
• A Defense of Sleep Apnea and Fatigue Claims—The Transportation Lawyer
• Discoverability and Admissibility of "Preventable" Determinations—The Transportation Lawyer
• Shipper Liability for Injuries to Driver—The Transportation Lawyer
• Cargo Claims: Carmack vs. Contracts—PennTrux
• Don't Forget About DataQ--PennTrux
• Preparation and Execution are the Key—PennTrux
• Audacity of "Nope"—PennTrux
• Limits to Discovery—Penntrux
• Joint and Several Liability—Penntrux
• Shouldering the Burden—PennTrux
• Surviving Depositions: Follow the Plan—Motor Fleet Monthly
• Avoid the Legal Pitfalls of Low Impact Accidents—Motor Fleet Monthly

Cases

• Lavancha v. Crete Carrier
Defense verdict against a Plaintiff alleged PTSD and Reflex Sympathetic Distrophy and sought $5.9 million from the jury in a trial in Watertown, N.Y. After a two week trial during which Plaintiff present 9 medical and psychological experts, the jury entered a verdict for the Defendant truck driver and his company.
• Moser v. Crete Carrier
Federal Court in NC denied Plaintiff's discovery motion, limiting the discoverability of logs and satellite tracking records to 8 days. It also affirmed Defendant's position that Federal Regulations preclude providing drug and alcohol test results absent a court order.
• Ward v. Jones Motor
Defense verdict in passenger action against automobile driver and truck driver that was making a left turn. The Superior Court affirmed the verdict and affirmed evidentiary rulings including the inadmissibility of the determination of preventability and that the post-accident drug and alcohol test results were not discoverable.
• Gallagher v. Crete Carrier Corporation--Post-Trial Motion Denied
A $0 jury verdict in an admitted liability case was affirmed by the Federal Court in Connecticut in which the Plaintiff asked for an award of $750,000. The Court reviewed the medical evidence in support of the jury's rejection of Plaintiff's claimed injuries. It also affirmed evidentiary rulings permitting introduction of misstatements on job applications, past drug usage, and prior treatment for depression and insomnia. In closing, Plaintiff's counsel had asked the jury to award $700K.
• Martin v. J.P. Donmoyer
$75,000 verdict in York County, PA in an action in which the pretrial demand was $5 million for wrongful death and survival damages from a left turn accident involving Defendant's driver. Plaintiff alleged that the vena cava filter installed as a result of the bilateral ankle fractures sustained in the accident caused Plaintiff's death when a clot formed on the filter. The jury did not award any damages for the claimed death of Plaintiff due to the accident. It awarded $75,000 for the eighteen months he lived after the accident, including lost wages.
• Johnson v. Shaffer Trucking
Verdict for our client--Cumberland Cty, PA. Plaintiff and another truck made contact, resulting in a collision with our client's truck. Plaintiff sued for damage to her car. We counterclaimed/cross claimed for damage to our client's truck. The jury awarded damages for our truck, finding each of the other parties 50% responsible for the accident.
• Stevens v. D.M. Bowman
$15,000 verdict in the Federal Court for the Eastern District of Pennsylvania. Liability was admitted. Plaintiff claimed a torn rotator cuff in the accident and demanded more than $300,000. The jury rejected the shoulder claim. It instead awarded $15,000 for the conceded soft tissue injuries.
• Dunn v. Crete Carrier Corp.
In this Cincinnati Federal Court jury trial, liability was admitted. Plaintiff demanded $300,000 based upon $18,000 in medical bills and $60,000 in claimed lost wages based upon an alleged shoulder injury in the accident that resulted in surgery. The jury rejected the shoulder claim and awarded less than $3,000 in medical bills (his ER visit and a couple chiropractor visits for soft tissue complaints). No award was made for lost wages or pain and suffering.
• Lindh v. Phipps, Carlisle Carrier Corporation
Defense verdict--Ocean County, NJ. Plaintiff claimed that a sideswipe accident with our client's truck caused him to suffer neck injuries resulting in cervical surgery. Prior to our involvement in the case, an arbitrator found Plaintiff's damages to be $150,000 reduced by 50% liability. We assumed the defense and tried to a jury. After twenty-two (22) minutes, the jury found no liability of Defendants.
• Sprester Decision
The Plaintiff's case was dismissed and was assessed with attorney fees and expenses by the Federal Court for Western Virginia upon a showing that her claim that she had no back treatment or complaints for years prior to the accident at issue. Records of treatments within a year of the accident was uncovered shortly before trial and after expert depositions.
• Ecker Superior Court Decision
A defense verdict in a Lebanon County, PA trial involving the death of a passenger in an accident involving a left turn by the Defendant truck was affirmed. The Superior Court held that evidence of prior accidents of the Defendant was properly excluded and the verdict that the truck driver was not negligence was supported by the evidence.
• Croyle v. Crete Carriers
A defense verdict in a Centre County, PA trial in which the Plaintiff claimed severe leg injuries were caused when the Defendant truck allegedly made a left turn in front of his on-coming motorcycle.
• Croyle Superior Court
• Croyle
• Croyle Post Trial
• Achey v. Gallman
Partial summary judgment was granted by the Federal Court of the Eastern District of Pennsylvania as to Plaintiff's claims for punitive damages based upon allegations of fatigue and sleep apnea.