A Pennsylvania man who suffered a permanent traumatic brain injury when his SUV collided with a tractor-tanker truck obtained a $675,000 settlement from the trucking company.
The injury was worsened by a skull fracture the plaintiff suffered two years earlier, and a concussion from a fall three weeks before the vehicle wreck. The case is Daniel Dickson vs. Jose Uzhca and Langer Transport in the US District Court, Eastern District of Pennsylvania.
The plaintiff's attorney is Anthony J. Baratta of Baratta, Russell & Baratta in Huntingdon Valley, PA.
The plaintiff Daniel Dickson was operating his 2012 Ford Escape eastbound on Route 291 in Chester, PA, in the right lane of travel. Route 291 is two lanes eastbound and two lanes westbound. Jose Uzcha was driving a tractor owned by Langer Transport Company pulling a tractor-tanker northbound on Lamokin St. intending to turn left onto westbound 291. Lamokin St. is controlled by a stop sign.
There is no traffic control device for traffic on 291 at the intersection with Lamokin St. Plaintiff moved from the right lane into the left lane due to a second tractor trailer stopped in the right lane near Lamokin St. Meanwhile the tractor tanker pulled from the stop sign and through the left lane of eastbound 291. The plaintiff’s SUV collided with the driver’s side of the back end tractor tanker the front of which had, by the time the collision occurred, entered the far right westbound lane.
The plaintiff attempted to prove through accident reconstruction and human factors experts that his view of defendant’s tractor tanker was obstructed by the stopped tractor trailer and he could not have seen the defendant’s tractor tanker in time to avoid the collision. The Plaintiff was knocked unconscious in the wreck and did not remember it. He could not remember his speed. Both truck drivers indicated he was speeding, going much faster than the 35 mph speed limit.
Plaintiff endured loss of consciousness and amnesia for events of the accident. Plaintiff alleged he continued to suffer headaches, memory loss, impatience, frustration, anger, and disequilibrium.
He was deemed disabled from all work by his treating physicians at the Moss Drucker Brain Injury Center.
A vocational expert was prepared to testify that his loss of earning capacity ranges from $1 million (if he could return to some work) to $1.7 million (if he is unable to return to any work).The case against Langer and its driver settled for $675,000.
The driver and company of the stopped tractor trailer were released from the suit prior to the settlement conference.
Also see $500k Settlement in PA Bus Accident Causing Brain Injury