This was a premises liability case. We represented a truck driver. The Defendants controlled commercial property where a fall occurred. Tractor-trailers come and go from the facility all day and night. Our client slipped and fell due to the icy condition of the facility’s parking lot. He fell after getting out of his cab, while attempting to operate a cranking device used to secure a trailer to a truck.
The fall occurred at approximately 4:00 AM, when it was dark and cold. Defendants admitted that the kind of work our client was doing required him to walk and/or stand in the spaces between the trailers. Defendants, however, did not clear those areas of snow and ice, and did not treat those areas with salt.
Our client had a history of back problems, including previous back surgery from many years earlier. As recently as a few weeks before the incident, he saw an orthopedic doctor for this. His medical history placed him at increased risk of injury in the event of a fall. Despite his medical history, he was working full time as a truck driver with absolutely no work restrictions.
When the pain did not subside after the subject fall, he went to the emergency room. He began a course of conservative treatment, but within two months of the incident, a CT scan revealed a new back injury that aligned perfectly with the symptoms that began with the fall: A herniated disc at L3-4 with impingement on the nerve. This herniated disc, in conjunction with his previous back history, left him in chronic pain.
The case settled at mediation just days before trial was to begin.
For $2 million, an auto manufacturer and its authorized distributor have settled a products liability claim arising from the failure of front airbags to deploy in a head-on collision between two passenger cars. The collision was caused by a drunk driver who crossed over the center line. Zajac & Arias co-counseled on the case with Williamsport-based Lepley, Engelman & Yaw. The clients were on their way to the mall to do some shopping when the crash occurred. The passenger sustained serious, permanent head injuries – the very kind of injuries airbags are meant to protect against. The case was strengthened by an investigative report written by an airbag design expert, whose opinions were supported by other experts in biomechanics and accident reconstruction. Attorney Eric Zajac handled the case for Zajac & Arias, while Attorney Douglas Engelman handled the case for Lepley, Engelman & Yaw.
This case arose from a community fireworks display. The cause of this incident was a malfunctioning firework that landed in a crowd of spectators who were allowed to sit within the fall-out zone where they should not have been. The fireworks display was held at a township park.
The incident occurred at the very end of the fireworks display, and was caught on videotape. An investigation conducted by the Township revealed that a 3-inch firework known as a “salute” failed to detonate as intended. The firework landed in the crowd, and then quickly exploded. The blast created a crater approximately 2 feet by 2 feet. The blast was sufficiently violent to melt a plastic water bottle nearby.
The Firm’s client was one of many spectators who were injured by the blast. Our client received extensive treatment for his injuries, including from an ears, nose and throat doctor, a physical therapist, a neurologist, psychologists, and at least one psychiatrist. The injuries included: mild traumatic brain injury; neurosensory hearing loss in the left ear; chronic severe tinnitus; disequilibrium; labyrinthine dysfunction; otalgia of the left ear; post-concussion vestibular dysfunction; concussive noise trauma; and post-traumatic stress disorder (PTSD).
The Firm’s client was awarded the highest settlement of all the injured spectators.