We are proud the Philadelphia Trial Lawyer’s Association (“PTLA”)
chose to feature our recent $2.95 Million Wrongful Death settlement in Centre
County for the “Case Note of Interest” section in its most recent edition of Verdict.
This most recent settlement is
only one of the many wrongful death cases we have handled here at the Law
Office of Alvin F. de Levie, Esq. We have represented families in
wrongful death cases involving auto cases, motorcycle cases, medical
malpractice cases, and civil rights cases throughout the Commonwealth of
Pennsylvania, including, for example, Centre County, Philadelphia County, Lehigh
County, York County, Chester County, and in the Western and Middle Federal
District Courts of Pennsylvania, in cases arising in Fayette County and York
County
As noted by the Philadelphia Trial Lawyer’s Association in
the Verdict
newsletter, in this most recent case, we represented the
family of a young woman who was driving home from work with a pizza for her
husband and two children. As she drove along State Route 45 in Potter Township,
a defendant was operating a tractor in the opposite direction, half on the
roadway and half on the berm, on his way to his employer’s farm with a 600lb
bale of hay on the front of the tractor. As that defendant drove the tractor, it
was struck from behind by a Toyota Tacoma operated by another defendant. After
striking the rear of the tractor, the Tacoma, which was fitted with a snowplow,
crossed the center line and struck our client’s Nissan Altima head-on,
eventually causing her death.
We
filed Wrongful Death and Survival Actions against the operators of the tractor
and Tacoma, as well as the owner of the farm, seeking punitive damages. We alleged negligence and recklessness on the
part of the tractor operator and his employer, as the tractor operated on the
roadway after sunset without proper lighting and safety equipment as required
under Pennsylvania Law. Specifically, we
alleged the tractor had only one functional white light facing the rear of the
tractor and a faded triangle that provided no illumination. We alleged the tractor operator and his
employer were aware for an extended period that the tractor violated various
motor vehicle code sections regarding the operation of a farm tractor on a
public roadway after sunset.
We
also alleged negligence on the part of Tacoma operator, who claimed he saw the
white light on the rear of the tractor but failed to take evasive action until
it was much too late.
Extensive
testing was performed on the vehicle operated by our client who was killed, the
tractor and the Toyota Tacoma. The
computers on the Tacoma and our client’s car were downloaded and the data was
carefully reviewed and studied. The tractor was weighed both and without the
bale of hay. The Tacoma and our client’s vehicle were weighed. The lighting
systems on all three vehicles were also tested.
Using all
the data obtained from the downloaded “black boxes” and the various inspections
of all vehicles involved in the accident, our expert, a retired Crash
Reconstruction Specialist for the Pennsylvania State Police, conducted an
exhaustive crash reconstruction analysis.
Using
the data, our expert determined the operator of the Tacoma responded to the
tractor in front of him only 2 seconds before impact, braking aggressively and
steering sharply to the left in a failed attempt to avoid a collision with the
tractor. The Tacoma struck the left rear
tire of the tractor, crossed into our client’s lane of travel and struck her
vehicle head on. Our expert was also
able to determine our client responded to the Tacoma 2.1 seconds before impact
by braking aggressively and steering sharply to the right, but there was
nothing she could do to avoid the crash.
The fact
our client jammed on her brake and cut her steeling wheel sharply to the right
2.1 seconds before the collision was critical to our argument that our client
experienced fear of injury and death before impact and did everything possible
to avoid the collision.
We
also hired a medical expert. Based on an autopsy and examination of the
evidence we gathered from the scene of the collisions, he was able to determine
our client was conscious and in pain for 12 minutes before she died. This information was critical to showing
conscious pain and suffering after the accident, as the defense argued our
client was killed instantly and that her family was not therefore entitled to
seek recovery for conscious pain and suffering after the collision.
We
spent hundreds of hours investigating the case, reviewing documents and data,
discussing the case with experts, preparing submissions to the Court, preparing
for and arguing motions, and mediating the case.
After
several days of Mediation and several weeks of continuing settlement negotiations,
the parties reached a settlement of $2.95 Million.
What
Should YOU do if a Loved One or Friend Was Killed as a Result of Medical
Malpractice, a Traumatic Accident, a Civil Rights Violation, or Another
Incident Involving the Negligence or Recklessness of Another?
YOU SHOULD CONTACT AN EXPERIENCED
ATTORNEY IMMEDIATELY SO EVIDENCE IS NOT DESTROYED. While certainly a family may
not want to deal with the realities of litigation after losing a loved one, it
is important that either the family or someone on their behalf contact an
attorney so the important work of investigating the case can begin as soon as
possible.
As demonstrated by our most recent wrongful death
settlement, these cases often require extensive, urgent and experienced investigation to ensure
critical evidence is preserved and properly tested and analyzed. You need an
attorney who has the experience and resources to investigate your case so key
data is preserved, and to bring in competent experts to prove your case.
At the Law Office of
Alvin F. de Levie, Esq., we have decades of experience handling wrongful death
cases caused by medical malpractice, traumatic accidents, civil rights
violations, and other incidents involving negligence and recklessness.
We handle cases throughout Pennsylvania: From Philadelphia and the surrounding
counties to Centre County, from Central Pennsylvania to Pittsburgh, and from
the New York border to the borders of West Virginia and Maryland. If someone you know died as a result of medical malpractice, an
auto accident, a motorcycle accident, a traumatic accident, a civil rights
violation, or another incident involving negligence or recklessness, please call our firm – 24 hours a day, 7 days a week – at 844-777-2529
(Toll Free) or (215) 696-3900 for a consultation. One of our team members will be in immediate
contact with you. We maintain offices
throughout Pennsylvania in Philadelphia, State College and Bellefonte. We are
willing to meet any clients throughout the Commonwealth.