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Zarwin Baum Secures Defense Verdict in Negligence Action on behalf of National Bus Carrier

July 18, 2017

On July 18, 2017, Ross J. Di Bono, a member of Zarwin Baum’s Insurance Defense department, secured a defense verdict on behalf of a national bus carrier in the Philadelphia Court of Common Pleas.  Mr. Di Bono defended against allegations that the bus was operated in a negligent manner.  This matter was defended based upon the Pennsylvania Jerk and Jolt Doctrine which holds that passengers of commercial motor vehicle may only recover if they can prove the vehicle moved in an extraordinary or unusual manner.  The Doctrine recognizes that passengers should expect to encounter some jostling while traveling in a moving vehicle and places the burden on plaintiffs to prove the jerk and jolt was beyond the common expectation. Mr. Di Bono argued that Plaintiff could not meet her burden of proof under the doctrine as she failed to present any objective evidence that the alleged jerks or jolts were extraordinary or unusual.  Upon deliberation, a panel of 3 arbitrators found that Plaintiff failed to meet her burden of proof and returned a defense verdict.  The panel assigned 0% of liability to the Defendants and awarded Plaintiff $0.  


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