Toddy Obtains Defense Verdict in Luzerne County Pennsylvania Trucking Case
September 8, 2009
On September 8, 2009, Joseph Toddy, Co-Chair of Zarwin Baum’s casualty defense department, received a defense verdict following a six (6) day jury trial in Luzerne County, Pennsylvania. Toddy, who was assisted by associate Brendan Lamanna, represented National Retail Transport, a regional trucking company, whose driver was involved in an accident with another tractor-trailer on Interstate 81 just north of where Interstate 80 meets Interstate 81. Dan Munley, an accomplished trucking attorney out of Scranton, Pennsylvania, represented the plaintiff. Plaintiff alleged that National Retail’s driver lost control of his vehicle, crossed over into Plaintiff’s lane of travel and collided with Plaintiff’s tractor-trailer forcing it off of the road and into several trees. Plaintiff suffered severe injuries including a comminuted left hip fracture that ultimately required two hip replacement surgeries, broken ribs, a lacerated spleen and nerve damage. Prior to trial, Plaintiff’s demand was $2.3 million. Toddy took the position that National Retail’s driver encountered a sudden emergency; namely, an unforeseeable patch of black ice which caused him to skid and lose control of his vehicle. Toddy further argued the weather conditions on the day of the accident were such that National Retail’s driver would not have anticipated an encounter with icy conditions. After deliberating for approximately one hour and twenty minutes, the jury returned a defense verdict concluding that National Retail’s driver was not negligent in the operation of its tractor-trailer.
Despite independent witness testimony that had the National Retail truck entering the plaintiff’s lane of travel, Toddy was able to convince the jury that the witness was incorrect. Toddy skillfully used expert testimony and physical evidence to support his position that the accident was simply caused by a “black ice” condition that could not have been foreseen by either driver. In closing, Toddy successfully argued that some accidents are simply accidents and not the fault of either party.
Joseph Toddy is a principal shareholder of Zarwin, Baum, DeVito, Kaplan, Schaer & Toddy, PC, a full-service law firm with an emphasis on casualty defense, servicing the jurisdictions of Pennsylvania and New Jersey. Trucking and Transportation Defense is one of the many sub-practice groups within the casualty defense department. If you would like more information about our Trucking and Transportation Defense practice area as well as to download a copy of our emergency response network brochure, click here: