Philadelphia, PA (June 2017) – At 12:00 PM, June 14, following a two-week trial, Feldman Shepherd attorneys Alan M. Feldman, Daniel J. Mann and Edward S. Goldis secured a $9.75M recovery in favor of their client Gary Williams, who was struck by a tractor trailer owned and operated by K&B Transportation, Inc. in the early morning hours of March 2, 2012.
“We’re pleased to have resolved a hotly contested case for a sum that will address the lifetime care needs of my client,” said Mr. Feldman. “I’m proud of our team for their hard work and smart decision-making both before and during trial that allowed us to achieve this favorable result.”
The plaintiff was traveling at 2 A.M. on Interstate 80 in Illinois, in his 2002 Chevrolet Trailblazer, pulling a rented U-Haul box trailer, when the vehicle and U-Haul trailer become jack-knifed. The plaintiff had driven over 30 hours straight from California, with stops only for fuel and food. While, for unknown reasons, Mr. Williams remained stationary on the dark roadway for 5-8 seconds, his Trailblazer was struck by a tractor-trailer driven by K&B driver Brian Sala. Mr. Williams suffered significant orthopedic and neurological injuries, including a traumatic brain injury which has left him permanently disabled.
In addition to arguments surrounding Mr. Williams fatigue, K&B’s defense was based on a reconstruction which indicated that Mr. WIlliams’ vehicle turned in front of the tractor shortly before the accident sequence, leaving the tractor trailer operator no time to respond. This argument was rebutted through the use of “black box” data, physical evidence, and deposition testimony which demonstrated that the driver was not paying attention to the roadway ahead.
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