Zarwin’s DiBono Delivers Defense Verdict in Philadelphia Truck Case

A Pennsylvania regional logistics provider, facing allegations of negligence from a 2019 motor vehicle accident involving a pedestrian who sustained severe injuries, was defended by Ross DiBono at Zarwin Baum.   The Plaintiff sustained a severe compound fracture to his lower right leg while riding a bicycle on a Philadelphia Street. Plaintiff claimed the trailer struck him, causing Plaintiff’s lower leg to be drawn under the trailer’s rear tires. The fracture was so severe that the Plaintiff required an open reduction and an internal fixation surgery. As a result of these injuries and the ensuing medical treatment, Plaintiff made an initial demand of $1.5 million.

Plaintiff argued that the Defendants were negligent because the Defendant driver failed to apply defensive driving techniques. Plaintiff further argued that the Defendant driver was on the phone via a Bluetooth headset and was therefore not paying proper attention. Through discovery, it was revealed that, at the time of this incident, the Plaintiff was riding his bicycle opposite traffic on a one-way street, despite admittedly acknowledging on cross-examination that such a maneuver was dangerous and illegal. Plaintiff testified that despite knowing all this, he proceeded to ride toward the oncoming traffic.   It was also revealed that the Plaintiff had long-term substance abuse issues.

Plaintiff claimed that he had no alternative but to proceed toward the defendant’s truck and a parked car, as there was no space along the sidewalk to stop without riding into pedestrians. DiBono was easily able to refute Plaintiff’s claims with screenshots from the defendant’s dash cam system showing that there was room in front of the parked car to stop and that there were no pedestrians nearby.

As a result, 100% of the liability was placed on the Plaintiff for a complete defense verdict.

If you have any questions, please contact Shareholder Ross DiBono (rjdibono@zarwin.com; 215-569-2800.)