Trucker Wins $4.6M Verdict in Tractor-Trailer Crush Injury Case
Ara R. Avrigian, Robert J. Mongeluzzi, and K. Andrew Heinold obtain a $4.6 million verdict on behalf of a truck driver who was crushed by a tractor-trailer at a Family Dollar store.
Story originally published on law.com, VerdictSearch.
On July 31, 2017, plaintiff Brian Winterstein, 50, a truck driver, was crushed by a tractor-trailer at a Family Dollar store on South Sixth Street, in Reading. He suffered fractures to his pelvis and sacrum.
Winterstein sued the driver of the tractor-trailer, Cecil Tyrel McNeil, his employer, Schneider National Inc., and related entities. Winterstein alleged that McNeil was negligent in the operation of a vehicle. Winterstein also sued Family Dollar Store, its related entities, including Ashby Inc., property owner South 6th Street Properties LLC and site developer LGN Management LLC. He alleged that these entities were negligent in allowing a dangerous condition to exist.
Prior to trial, Winterstein entered into a confidential joint tort settlement agreement with McNeil and Schneider. They were dismissed from the case, but remained on the verdict sheet for liability apportionment. South 6th Street and LGN Management were voluntarily dismissed prior to trial.
At the time of the accident, Winterstein had voluntarily dismounted his oil-delivery truck to assist McNeil, whose tractor-trailer was blocking the road while attempting a delivery at the Family Dollar store. Winterstein was standing in front of the tractor-trailer when it lurched forward and crushed him against a fence.
Winterstein’s counsel argued that Family Dollar employees negligently directed drivers to make their deliveries in the rear of the store, despite there being a designated loading zone alongside the store.
Winterstein’s expert in engineering testified that Family Dollar failed to properly train its store operations employees on their responsibility to use the designated tractor-trailer loading zone and failed to properly instruct drivers to use the loading zone. The expert further stated that the store failed to instruct McNeil of the proper location to unload his tractor-trailer at the time of Winterstein’s incident. The expert concluded that Family Dollar’s failure to instruct McNeil of the proper location to unload his tractor-tractor trailer created hazardous conditions for drivers, employees and pedestrians like Winterstein.
The defense maintained that McNeil was negligent and Winterstein was comparatively negligent. The defense contended that Family Dollar was not in control of McNeil’s truck and McNeil was solely responsible for the safe delivery of the truck.
According to the defense, McNeil had every opportunity to assess the area and handle the tractor-trailer safely, as he is tasked to do so as a commercially licensed driver. The defense asserted that McNeil operated the truck in a manner that was contrary to his training and the reasonable expectations of a professional commercial vehicle driver while creating an unnecessary hazard to Winterstein. The defense further maintained that Winterstein, since he was not required to help McNeil, should have stayed out of harm’s way.
Winterstein was taken by ambulance to a hospital and admitted. Imaging studies showed multiple fractures of the pelvis with an unstable disruption of the pelvic circle and a rupture of the bladder/urethra. He was diagnosed with multiple closed fractures of the pelvis with unstable disruption of the pelvic circle, urethral injury, extraperitoneal rupture of the bladder and crushing injuries of the abdomen, lumbar spine and pelvis.
Winterstein was airlifted to a hospital in Philadelphia. He was further diagnosed with a complete transection of his urethra, known as a pelvic fracture urethral distraction defect, as well as transverse process fractures in the lumbar spine, displaced sacral fractures, a severe ligamentous injury to both sacroiliac joints with bilateral sacroiliac joint welding, pubic symphysis diastasis, a kidney contusion and lumbar radiculopathy. He was later also diagnosed with depression and post-traumatic stress disorder.
In the ensuing days, Winterstein underwent multiple surgeries, including a fixation of bilateral sacral fractures, open reduction with internal fixation of the pelvis, lumbar arthrodesis with instrumentation with L4 pelvic fusion and a cystogram with placement of a suprapubic catheter. He later had a posterior urethroplasty to repair the urethra.
After a two-week hospitalization, Winterstein was transferred to a skilled nursing facility, where he treated through Oct. 26, 2017. Following his discharge, Winterstein continued to treat with physical therapy and pain medication in the ensuing years. He further treated with a urologist, orthopedic surgeon, neurosurgeon and pain-management doctor. At the time of the trial, Winterstein continued to be monitored by his multiple physicians.
Winterstein’s neurosurgeon testified that Winterstein suffers from residual pain and paresthesias which are likely to be permanent.
According to Winterstein’s pain-management doctor, Winterstein has decreased mobility and a much higher probability of developing degenerative arthritis in his pelvis and spine in the future. The expert stated that treatment has been unable to resolve Winterstein’s perineal paresthesias and erectile dysfunction, which are likely permanent.
Winterstein’s urologist discussed how the injury transected Winterstein’s urethra and required surgical repair. The physician stated that the severe injuries led to the bladder and urination issues that will require lifelong monitoring and may require future treatment, including a penile prosthesis surgery to address his erectile dysfunction.
Winterstein’s expert in orthopedic surgery testified that Winterstein suffered permanent injuries as a result of the accident. The expert determined that Winterstein requires indefinite medical monitoring, pain injections to his lower back and sacroiliac joint, and sacroiliac joint fusion.
Winterstein’s expert in vocational rehabilitation opined that Winterstein’s injuries rendered Winterstein unemployable and that he is unlikely to resume employment in the future.
Winterstein testified that he suffers from constant pain, his movements are slow and deliberate, and he struggles with simple tasks, such as putting on socks and shoes and showering. Additionally, he said that he suffers from altered urinary and bowel function and does not have normal sensation to urinate or defecate, but instead feels pressure sensations which sometimes result in urinary incontinence. He further said that he occasionally urinates himself and has to use an enema about once a month. Winterstein further complained of sexual dysfunction with his girlfriend, due to his erectile dysfunction.
Winterstein sought to recover $1,099,931 in future medical costs and $807,301 to $858,109 in future lost wages, plus damages for past and future pain and suffering.
The defense’s expert in orthopedic surgery testified that Winterstein, despite his injuries, could work in a sedentary job or in a function that would be primarily deskwork.
According to the defense’s expert in neurosurgery, Winterstein was employable in a full-time capacity in a sedentary or light-duty capacity.
The defense’s expert in urology, who examined Winterstein, opined that Winterstein’s symptoms could improve with diet and medication and that his diabetes and cigarette smoking could play a role in certain symptoms.
The defense’s expert in vocational rehabilitation determined that Winterstein was employable. The expert outlined positions that he could take up, such as security guard, dispatching clerk, customer service clerk, counter/rental clerk and telephone answering service operator. The defense maintained that, given Winterstein’s vocational capabilities, Winterstein would not sustain a loss in future earning capacity as his economist projected.
The jury attributed 21% liability to apportionment defendant McNeil, 19% liability to apportionment defendant Schneider National Carriers, 55% liability to Family Dollar and 5% liability to Winterstein. The jury determined that Winterstein’s damages totaled $4.6 million. This amount was reduced to $2,530,000 to reflect the jury’s comparative negligence findings.
The final award, including delay damages, totaled $2,912,688.49.
The court determined that Winterstein would receive $382,688.49 in delay damages, resulting in a total award of $2,912,688.49.
This report is based on information that was provided by plaintiffs counsel. Defense counsel did not respond to the reporter’s phone calls. McNeil and the Schneider were not asked to contribute.
—This report first appeared in VerdictSearch, an ALM publication