Dollar Store Found Liable for Off-Premises Truck Crash in $4.6M Personal Injury Verdict

SMB attorneys Robert Mongeluzzi Esq., Ara Avrigian, Esq.  and K. Andrew Heinold, Esq., obtained a verdict of $4.6 million in the Court of Common Pleas, Philadelphia County, on behalf of the Plaintiff who was injured when he was struck by a tractor-trailer attempting to back into the rear alley of a Family Dollar store.

Plaintiff, Brian Winterstein, acting as a good Samaritan, was attempting to assist the tractor-trailer driver back into the alley when the tractor-trailer suddenly moved forward crushing the Plaintiff.  Brian Winterstein suffered fractures of the spine and pelvis along with a detached urethra.  

After seven days of trial before the Honorable Ann M. Butchart and just three hours of deliberations, the jury awarded $4.6 million to the Plaintiff, allocating 55% fault on Family Dollar who failed to allow the tractor trailer driver to park in the safe loading zone at the store but, instead, instructed the driver to pull into the rear alley.  Further, 21% fault was allocated to the driver of the tractor-trailer who struck Mr. Winterstein and 19% fault was assigned to the tractor-trailer driver’s employer for failure to properly train and supervise.  

Plaintiff reached a confidential settlement with the tractor-trailer driver and his employer prior to trial.  Plaintiff proceeded to trial against Family Dollar who argued that the accident was solely caused by the negligence of the tractor-trailer driver and the Plaintiff.

Plaintiff will request delay damages of $382,688.49 for a total recovery against Family Dollar of $2,912,688.49.

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