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Trail court dismissal ends in $1.25 million jury verdict for trucking accident victim

By Chuck Boyk

If you or someone you know has suffered personal injury from a trucking accident, you need information. Order your FREE copy of The Ohio Accident Book to learn your rights. If you suffered personal injury while working as a truck driver, you can also order a FREE copy of The Ohio Work Injury Book. Contact our office today for a free consultation and case evaluation.

A trucking accident that caused our client’s leg to be amputated ended in a jury verdict of $1.25 million.

On April 21, 2002, our client Sean McMahon, an over-the-road trucker, was parked late at night at the Stony Ridge truck stop in Wood County. He left his truck and observed a fight between one truck driver in the parking lot and another truck driver who was within his tractor-trailer. The truck driver behind the wheel lunged his truck forward, and knocked the other trucker to the ground. Our client noticed that downed trucker was in the path of the trailer and managed to push him to safety. Unfortunately, at the same time, the trailer ran over Mr. McMahon’s lower right leg. The trucking accident ultimately caused his leg amputation.

The at-fault driver’s employer fired him upon learning of the trucking accident, and denied responsibility for the personal injury to our client.

Suit was filed in the Wood County Common Pleas Court against both the trucking company and its driver. The driver never responded, and we were able to obtain a judgment of $2,790,162 in compensatory damages and $500,000 in punitive damages against the driver, an amount that has since gone unpaid.

The trucking company employing the at-fault driver refused to accept any liability for the wrongful acts of its employee that caused the trucking accident and our client’s personal injury. It convinced the trial judge to dismiss our client’s case against them on the basis that trucking company didn’t condone the at-fault truck driver’s acts, and further argued that the at-fault driver was acting on his own and not furthering any company business.

The appeals court reversed the trial court dismissal, finding that the trial judge improperly ruled that the at-fault driver intended to injure our client or the victim our client was trying to save. There was no evidence in the record to support this finding.

The reinstated case was set for trial on September 30, 2008, in Bowling Green.

Read “Jury Awards Trucking Accident Victim $1.25 million – Part 3” to find out what happened at the September 30, 2008 trial.

If you or someone you know has suffered personal injury from a trucking accident, you need information. Order your FREE copy of The Ohio Accident Book to learn your rights. If you suffered personal injury while working as a truck driver, you can also order a FREE copy of The Ohio Work Injury Book. Contact our office today for a free consultation and case evaluation.

Originally posted at InjuryBoard by Chuck Boyk

Full post as published by Sandusky Personal Injury Lawyer on October 10, 2008 (boomark / email).