MOTOR VEHICLE NEGLIGENCE - AUTO/TRACTOR TRAILER COLLISION - RED LIGHT /GREEN LIGHT - SHOULDER DISLOCATION - MULTIPLE RIB FRACTURES - LUMBAR DISC HERNIATION - TOTAL DISABILITY FROM EMPLOYMENT CLAIMED.
Broward County, Fl
The plaintiff in this motor vehicle negligence action was a 67-year old maintenance worker at the time his vehicle collided with a 2005 Freightliner tractor-trailer driven by the defendant driver in the course and scope of his employment with the defendant corporation. Both the plaintiff and the defendant truck driver claimed they had a green traffic light when the intersection collision occurred.
On August 2, 2012, the plaintiff contended he was driving his work van to perform an errand for his employer and was traveling on USI south at or near the Intersection of 23rd Street in Vero Beach, Florida. The plaintiff alleged that the defendants tractor-trailer drove through a red light and impacted his vehicle in the side. The plaintiff alleged that phone records showed that the defendant truck driver was talking on his cell phone at the time of the accident.
in violation of commercial trucking laws. The plaintiffs complaint also asserted that the defendant corporation negligently hired, trained, supervised and retained the co-defendant truck driver.
The force of the impact pushed the plaintiffs van across the intersection and caused extensive damage to the plaintiffs vehicle. The plaintiff was airlifted from the accident scene to a trauma center and spent many weeks confined to a hospital. He was diagnosed with a dislocated shoulder with SLAP tear, multiple rib fractures, manubrium (sternum) fracture and lumbar disc herniation at the L5-Sl level. He also claimed that the impact caused an aggravation of a preexisting lumbar disc herniation at L4-L5.
The plaintiff underwent arthroscopic shoulder surgery and was recommended for a lumbar laminectomy and fusion. However, he declined the lumbar surgery and it was not performed. The plaintiff claimed that his accident-related injuries have left him completely disabled from employment since the date of the accident.
The defendant contended that the plaintiffs alleged lumbar injuries and recommendation for surgery was caused by preexisting conditions and not related to the accident. The defense stressed that the plaintiff had complained of similar lumbar symptoms before the date of the subject collision.
The case was settled prior to trial for $1, l 00,000.
Sackman vs. Defendants. Case no. CACE 14-018350; Judge Milly Rodriguez Powell, 05-1 0- l 7.
Attorneys for plaintiff: Robert M. Roselli and Daniel P. Melrose of Roselli & Associates, P.A. in Fort Lauderdale, FL.
Reproduced from Florida Jury Veredict Review & Analysis. © 2017. All Rights Reserved.
When Albert D. awoke in a north Florida hospital, barely able to move, the last thing he remembered was riding with friends in a van they rented for a road trip to Gainseville. The family immediately retained attorney Robert M. Roselli who initiated an immediate investigation and learned that the driver of the van fell asleep and the van veered off the road, slamming into an embankment before landing upside down in tree canopy below. Automotive engineers were retained by Mr. Roselli to analyze potential vehicle malfunction or defect, but it was ultimately determined that sole cause of the crash was driver error. Ultimately, a substantial recovery was obtained for Albert who suffered serious injuries to his head and face in this unfortunate and avoidable automobile accident.