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The lawyers of Zarwin Baum DeVito Kaplan Schaer Toddy do not merely practice law, we serve clients with high-level legal representation in order to meet and exceed their goals. Each attorney's extensive experience helps our team focus on more than legal matters. We share business solutions. The following are some of the industries in which Zarwin Baum has achieved particularly outstanding results for its clients:
  • Banking
  • Construction
  • Energy
  • Financial Services
  • Hospitality
  • Insurance
  • Manufacturing
  • Real Estate
  • Surety
  • Telecommunications
  • Trucking

Trucking & Transportation

Click here to download our Emergency Response Network brochure.

Availability at a moments notice. That's what you need when an accident occurs. You need a law firm that can be trusted and who is sensitive and knowledgeable of the unique issues that can arise when a trucking and transportation accident occurs. Our trucking and transportation practice group is highly experienced at long haul, intermodal and local haul trucking.  This group has extensive experience defending bus companies and insurers who provide liability coverage specific to the motor coach industry.  The Firm also serves as National Counsel to the largest bus company in the US.

Our trucking and transportation attorneys will manage an accident scene, minimize environmental hazards, retain local criminal attorneys when necessary and retain investigators and accident reconstruction experts to collect the evidence before it's altered or destroyed.  Our experience is not limited to roads and highways, as we handle claims arising from loading docks and truck and bus yards.

We understand that to properly defend a catastrophic accident, an attorney may need to get involved before the claim becomes a lawsuit. The attorneys of our trucking and transportation defense department are available to you 24 hours per day, seven days per week to assess your case and put the appropriate people into immediate action. Our emergency response team is comprised of experienced transportation attorneys, investigators and accident reconstruction experts.

Once the accident investigation is completed, our attorneys will assess the evidence, review the medical records and research the legal issues to provide you with an accurate evaluation of the claim and formulate a strategic plan.

Our highly experienced transportation practice group not only handles personal injury claims but physical damage, coverage and subrogation matters as well.

If the claim cannot be resolved and a lawsuit is filed, that's when our defense litigation team springs into action. We know that these types of accidents can lead to exposures beyond the normal motor vehicle accident case. The attorneys handling these matters have extensive experience defending such complex cases and when other parties are liable, aggressively pursuing subrogation claims. They are knowledgeable, thorough and extremely aggressive. While our attorneys actively pursue negotiation and alternative dispute resolution to achieve cost effective results, we are not shy at proceeding to trial where the demands of the plaintiff are excessive.

For more information, please contact any of the practice members referenced in the Attorney Listing.

Representative Matters

McCabe v. Orange Blossom Coach Lines
Luzerne County, PA
The Plaintiffs (McCabe) were passengers on the insured’s bus, which was approaching the Lehigh Valley Tunnel. A vehicle owned and operated by Sean Quinn had previously been involved in an accident and was encroaching the lanes of travel. Due to the poor or non-existent lighting conditions and no warning signals from the disabled vehicle, the bus struck the disabled vehicle. Plaintiff’s alleged careless and negligent actions on the part of the bus driver and negligent entrustment against the bus company. Terrance McCabe alleged to have suffered injuries to his cervical and thoracic spine and head (whiplash); Nancy McCabe suffered injury to her cervical spine, left shoulder and headaches.

Demand: $45,000.00 for Mrs. McCabe; $20,000.00 for Mr. McCabe
Case Settled: $21,500 Mrs. McCabe; $11,000 Mr. McCabe

Theimich v. Land & Sea
Philadelphia County
Plaintiff (Theimich) was catastrophically injured when the straps of a bundle of lumber being loaded onto his flatbed trailer failed. Prior knowledge of the straps not being safe for their intended use; failure to instruct customers such as Plaintiff and

Demand: $92,000,000
Case Settled: Under a confidential settlement agreement with all defendants. The case was resolved with favorable settlement terms to the client with a lion share of the settlement absorbed by other parties.

Jones v. Horse Run Tour Bus
USDC for the Eastern District of PA
Plaintiff (Jones) was attempting to back into a parking space along 11th Street in City of Philadelphia when an insured bus made contact with the Plaintiff’s vehicle. Plaintiff had a prior back injury resulting in the placement of a spinal cord stimulator and was required to undergo corrective surgery involving battery replacement due to the impact of the motor vehicle accident.

Demand: $500,000
Settled: $175,000

Ball v. Confidential Motor Transport Company (Transport Topic Top 100)
Mediation
Daytime two-vehicle accident where insured rear-ended claimant (Ball) as she was stopped and preparing to make a left hand turn. Plaintiff claimed significant brain injury and an inability to return to her job as a teacher.

Damages: $41,723.27
Case Resolved: Under a confidential settlement terms through mediation

The Estate of Peter Redman, Deceased v. JWB Logistics, et al
Phildelaphia County, PA
Plaintif (Estate of Peter Redman) claimed wrongful death and survival action. An insured vehicle, attempting to make a left turn with left green arrow, was struck by an adverse vehicle traveling through a red light and striking the insured vehicle near the kingpin on the driver’s side. Approximately 60-90 seconds later, the decedent vehicle, which was traveling eastbound, struck the insured vehicle on the passenger side of the trailer between the tires becoming wedged underneath.

Offer of Judgment: $50,000 accepted on behalf of Zarwin client. The co-defendant paid a seven-figure settlement prior to trial.

Glenn Robinson and Elaine Robinson v. Mate Trucking/Ernest Pugh
Passaic County, NJ
Plaintiffs’ (Robinsons’) vehicle and Insured’s vehicle were both attempting to make a left turn onto Maryland Avenue from Lakeview Drive in Patterson, New Jersey. While the vehicles were turning left, contact was made between the vehicles.

Plaintiffs’ Demand: $350,000
Case Settled: $95,000

Riley v. River Valley Express
District Court of Harris County, TX
The insured driver stated that as his unit approached the intersection with Sheldon Road, the traffic signal for his direction was green. As he took his eyes off the intersection to look for a street sign, the driver did not see the light change and upon looking forward again, the traffic signal had turned to red. He immediately hit his brakes but could not avoid impact.

Case Resolved: $52,500

Murphy v. Coach USA
New Jersey Superior Court, Atlantic County
Plaintiff (Murphy) was a pedestrian killed while crossing the street when struck by the Defendants, who were the owners and operators of a passenger casino bus. This case was tried for the Plaintiff by the former head of the New Jersey Trial Lawyers Association. After two and a half weeks, the jury returned a “no cause” verdict against the Plaintiff and for the Defendants based on comparative fault.

Andrade v. Confidential Intermodal Motor Carrier (Transport Topic Top 100)
Middlesex County, NJ
Plaintiff (Andrade) was a 24-year old employed female who struck the Defendants’ tractor trailer which resulted in fatal injuries. During discovery, defense counsel with the assistance of experts were able to uncover evidence and develop a successful theory that Plaintiff either committed suicide or was sufficiently distracted and/or impaired causing the accident.

Case Settled: $50,000

Downey v. Dobson and Confidential Motor Carrier (Transport Topic Top 100)
USDC Indiana
Plaintiff (Downey) was the operator of a motorcycle and claimed Defendants’ driver improperly changed lanes causing contact, which ultimately led to plaintiff falling and suffering catastrophic permanent injuries. Through the use of accident reconstruction experts, forensic engineers and animation specialists, Defense counsel was able to establish that transfer marks on the power unit bumper, previously believed to have been associated with the motorcycle, were unrelated. This matter underwent mock jury and focus group presentation.

Case Settled: $825,000 despite medical bills in excess of $500,000, and permanent and significant scarring and disfigurement

Schneider v. National Wholesale Liquidators
Philadelphia County, PA
Plaintiff was a vendor contractor delivery person who was injured on the loading dock of defendants’ premises. Plaintiff sustained disabling orthopedic fractures resulting in permanent disability. The case was mediated to a successful resolution well below the defendants’ primary liability policy limits.

Waters v. Confidential Motor Carrier
Philadelphia County, PA
Plaintiff (Waters), an operator of a commercial tractor-trailer, was struck in the rear by the defendant, who was also a commercial tractor-trailer driver. This matter was transferred to Zarwin Baum less than a month before trial due to the client’s confidence in the Zarwin Trial Transportation Team. Despite permanent and disabling injuries, clear liability and punitive damages arising from alleged positive drug screenings, Defense counsel was able to settle this case after jury selection for an amount well below the limits of liability and initial demands of settlement.

Rodriguez v. Safety Kleen
Philadelphia Court of Common Pleas
Plaintiff (Rodriguez) contended that he was a passenger in a vehicle struck in the rear by the Defendants’ commercial truck. Defense counsel developed evidence during discovery that raised serious questions regarding whether the plaintiff was actually injured in the accident and if his claims of disability and impairment were fabricated. The case was “withdrawn” by the Plaintiff counsel immediately before jury selection without any payment to the plaintiff or his counsel.

Ferranti v. Martin’s Trucking
USDC – Middle District, PA
Plaintiff (Ferranti) alleged being struck in the rear by the defendants’ tractor-trailer and further alleged that the commercial vehicle left the scene of the accident. Plaintiff claimed permanent disabilities, including complete vocational impairment.

Demand: $1,000,000 (prior to trial)
Verdict: After a 7-day jury trial, the jury returned a verdict in the amount of $175,000 in compensatory damages and $100,000 in punitive damages.

Thayer v. ARL Inc., et al,
Marion County, Indiana
Plaintiff (Thayer) alleged being struck in the driver’s side by a tractor trailer that failed to stop at a red light. Plaintiff was hospitalized for nine days following the accident, suffering a fractured clavicle and three fractured ribs.

Demand: $1,000,000 settlement demand at mediation; “rock solid” demand of $500,000 at the commencement of trial Case Settled: $125,000 settlement after three days of a jury trial in Indianapolis, IN.

 


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