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$________ Auto/tractor-trailer collision - Alleged excessive speed - Defective brakes - Plaintiff trapped in burning vehicle - Bilateral leg amputations.

Philadelphia County, Pennsylvania

The plaintiff was injured in a tractor-trailer and motor vehicle collision that occurred on the shoulder of Interstate Route 95 in Bensalem Township, Bucks County. The plaintiff claimed that the accident was caused by negligent driving on the part of the defendant tractor-trailer driver and by the defendant trucking company’s failure to maintain the tractor-trailer’s brakes in a safe condition. The defendants argued that the plaintiff caused the accident by making a sudden, unexpected turn into the highway median from the center lane of traffic. The construction company performing road work in the area was also named as a defendant in the case, based on the allegation that it posted a sign in a dangerous location, blocking the deceleration lane of the median crossover.

The plaintiff was working as a construction engineer and was in the course and scope of his employment, driving his own vehicle northbound on Interstate Route 95. The plaintiff was attempting to enter a median crossover, which had recently been installed as part of a construction project. It was the plaintiff’s intent to move a roadway construction sign that had been placed by the defendant construction company in such a manner as to block the deceleration lane of the median crossover and pose a threat to public safety. While traffic behind the plaintiff was able to slow down, the defendant’s tractor-trailer swerved left to avoid another car and drove into the deceleration lane which the plaintiff had entered. A violent collision by the tractor-trailer pushed the plaintiff’s vehicle ________ feet into the median ditch where it was crushed by the truck.

The plaintiff’s experts reported that the driver of the tractor- trailer was driving at an excessive rate of speed and that the tractor-trailer had defective breaks. The plaintiff’s experts claimed that the tractor-trailer would have been able to slow in time to avoid the accident if it was equipped with properly maintained and functioning brakes.

The plaintiff and his passenger were trapped in the burning vehicle.

The plaintiff was life-flighted from the accident scene to the hospital where a below-the-knee amputation was performed on his left leg. The plaintiff’s right leg was amputated days later. The plaintiff, who was 56 years old at the time of the accident, underwent physical rehabilitation and learned to walk again on prosthetic legs. He returned to work at his former position within five months of the accident. The plaintiff claimed that he was an avid outdoorsman and physically fit prior to the accident and is currently unable to engage in many of his favored activities. The plaintiff claimed past medical expenses of $________ and a past wage loss of $________.

The defendant trucking company denied that it was responsible for maintaining the truck, since it leased the unit from an owner/operator.

The defense also alleged that the plaintiff caused the accident by turning into the median from the center lane of Route 95.

The case settled prior to trial for a total of $________.

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