Google Screened
$2 Million Settlement for Accident Witnesses who Suffered PTSD
Case Summary:
Plaintiffs were all employed by the Pennsylvania Turnpike Commission and were part of a maintenance operation crew that was dispatched for embankment stabilization of the shoulder on the Pennsylvania Turnpike.
There were various turnpike vehicles parked on the shoulder of the road including an early warning truck, pick-up truck, stake body truck, two triaxle dump trucks and a Gradall loader. The right lane of the turnpike had been closed by the placement of posted work zone signage and traffic cones.
Defendant was driving a 53 ft. tractor/trailer on behalf of co-Defendant food company and co-defendant transportation company. Defendant driver was operating his tractor/trailer in the left lane proceeding westbound. Defendant driver turned a sharp corner on the Pennsylvania Turnpike roadway, came upon a slower moving vehicle, and veered into the right lane striking and instantly killing a co-worker of Plaintiffs.
Upon hearing the impact, some of the Plaintiffs had to move out of harm’s way of being potentially struck by the passing commercial vehicle as it entered back into the left lane of travel.
One of the Plaintiffs covered up his co-worker’s body with cardboard immediately while waiting for police to arrive.
None of the nine Plaintiffs witnessed their co-worker being struck by the tractor/trailer and some of the Plaintiffs were located behind their trucks and did not even see the tractor/trailer pass by. Nevertheless, after Defendant’s commercial vehicle came to a stop, the nine Plaintiffs were in fact aware that their fellow employee had been fatally injured.
The real challenge in this case was for Plaintiffs’ counsel, Rick Jurewicz, to impress upon Defendants’ counsel and their carriers that an emotional distress claim (PTSD) was equally as compensable Plaintiffs’ physical injuries.
Rick developed compelling evidence from the Plaintiffs, who all returned to work. They testified that they were constantly fearful that they could suffer the same fate as their co-worker. The fear and uncertainty that Plaintiffs experienced while working was also based in part by the fact that on the day of the accident they believed that they were protected and could do their work safely without fear of vehicles entering their work area based on lane closure signage that had been placed on the turnpike roadway well before accident site. Despite following the proper lane closure protocol, which still did not prevent the fatal injuries suffered by their co-worker, all Plaintiffs were left feeling emotionally vulnerable that they were at risk that the same thing could happen to them.
Outcome:
Rick Jurewicz resolved this matter for two million dollars. While this recovery will never heal the loss sense of safety and security, it has provided plaintiffs with a sense of justice.