Toddy Obtains Defense Verdict in Philadelphia County Trucking Case

June 25, 2010

On June 25, 2010, Joe Toddy, Co-Chair of Zarwin Baum’s casualty defense department, received a defense verdict following a two (2) day trial in Philadelphia County, Pennsylvania.  Toddy, who was assisted by associate Alexandra Sacavage, represented a regional trucking company, whose driver was involved in an accident with a pick-up truck on Old Lincoln Highway, or Route 1, near Bensalem, Pennsylvania.  Plaintiff was represented by Jerome Gamburg, also from Philadelphia, Pennsylvania.  Plaintiff alleged that the trucking company’s driver pulled out of a Sunoco gas station and blocked three travel lanes, creating an unavoidable obstacle to Plaintiff’s vehicle.  Plaintiff suffered severe injuries including a closed fracture of the femur, concussion with loss of consciousness, a closed fracture of the spine at C6, ulnar fracture with dislocation of the head of the radius, and a closed fracture of tibia.  Prior to trial, Plaintiff’s demand was $250,000.00.  Toddy took the position that the trucking company’s driver was not negligent, and that Plaintiff’s intoxication as evidenced by a D.U.I. conviction, coupled with his excessive speed, was the cause of the accident.  Toddy demonstrated his theory through the testimony of John Karpovich, an accident reconstructionist, who testified that based on a scientific evaluation of the accident scene, the Plaintiff’s delayed perception and speeding were the sole causes of the accident.  After deliberating for approximately forty-three minutes, the jury returned a defense verdict concluding that the trucking company’s driver was not negligent in the operation of its tractor trailer.