Columbus team earns defense verdict in Trumbull County

Dickie McCamey attorneys Joseph J. Golian, Noah B. Oliver, and Jonathan B. Wygonski secured a defense verdict in Trumbull County, Warren, Ohio, following a five-day trial.

Messrs. Golian, Oliver, and Wygonski represented a tanker truck driver and national trucking company in an eight-figure catastrophic underride collision accident/injury case.

While the truck and tanker was backing into the driver’s home, the middle of the tanker was struck on the driver’s side head-on by the Plaintiff. The Plaintiff never braked. The Plaintiff was then rear-ended two seconds later by another vehicle, which pushed the Plaintiff completely underneath the tanker.

Plaintiff suffered a severe brachial plexus injury in the collision resulting in several nerve roots avulsed from his cervical spine; multiple head, neck, rib, and arm fractures; and a traumatic brain injury. The brachial plexus nerve damage caused a non-functional left arm, which the Plaintiff later chose to have amputated.

Plaintiff alleged the tanker truck driver violated the Plaintiff’s right of way by backing his tanker across both lanes of State Route 46. Plaintiff then used dash cam video of the accident captured by the tanker truck driver as the foundation of their case, alleging the truck’s headlights created a glare that prevented the Plaintiff from seeing the tanker and its reflective tape.

At trial, Plaintiff asked the jury to find both the national trucking company and its driver at fault, seeking $25 million for negligence and negligent hiring, retention, and supervision of the driver.

The defense team demonstrated to the jury that the dash cam video shows exactly what occurred — Plaintiff never hit his brakes. In fact, when the tanker began backing into the driveway for fifty-four (54) seconds — nearly one (1) minute before the impact, Plaintiff was nearly one (1) mile away.

The defense team highlighted the tanker’s headlights moving across the roadway and flashers on the truck and trailer. Despite these clues, Plaintiff continued, travelling over the speed limit and never slowing. The roadway was also completely straight, leading the jury to believe the tanker must have been visible at some point prior to impact.

The accident reconstruction expert inspected the tanker, the route, and scene of the accident. He demonstrated for the jury the distance that would have been necessary for Plaintiff to stop before striking the tanker.

The human factors expert also inspected the tanker, the route, and scene of the accident and opined the trailer with its reflective tape at a 40 degree angle was visible from at least 300 feet away.

This testimony corroborated the opinions of the accident reconstructionist, proving the Plaintiff did not act as a reasonable and prudent driver by failing to slow and/or stop before striking the tanker.

A trucking regulation and industry expert also testified that the tanker driver violated no Federal Motor Carrier Safety Regulations or local laws by backing into his driveway. He also testified that this is common across the trucking industry, especially in rural areas. Therefore, the tanker driver’s decision to back into his driveway was reasonable. The trucking expert also testified that the lighting and reflective tape on the tanker were functional and compliant with all Federal Motor Carrier Safety Regulations.

The trial lasted five days, resulting in a verdict in favor of defendants. The jury agreed with Messrs. Golian, Oliver, and Wygonski, finding the Plaintiff was primarily at fault for the accident and his injuries.

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About Dickie McCamey
Dickie McCamey is a nationally-recognized law firm providing comprehensive legal expertise in a multitude of practice areas. Headquartered in Pittsburgh, PA, and founded more than 100 years ago, the firm serves industry-leading clients across the country from offices throughout the mid-Atlantic region in Pennsylvania, Florida, Kentucky, Michigan, New Jersey, New York, North Carolina, Ohio, South Carolina, West Virginia, and the Southwestern region of California. For more information: 800-243-5412 or www.dmclaw.com.