Trucker suffers brain injury in collision with another rig – $2,375,000 Arbitration Award

Plaintiff was the operator of a tractor-trailer traveling south on Interstate 95 when he rear-ended a tractor-trailer operated by defendants. Plaintiff’s theory was that the defendant pulled off the shoulder of the interstate immediately in front of the plaintiff, who could not avoid the collision. In depositions, the defendants denied that they pulled off of the shoulder and stated that they were traveling down Interstate 95 when Plaintiff simply hit them from the rear at a high rate of speed (80 mph).

Plaintiff sustained traumatic amnesia as a result of collision and recalls nothing of the accident. A truck driver following this collision testified that he recalled the plaintiff’s truck passing him with a convoy of other trucks. The witness also stated that soon after the trucks had passed him, one of the drivers got on the CB radio and said words to the effect of “Is that guy going to pull off the shoulder?” Very soon thereafter, the same voice came on the radio again and stated, “Look out, that guy is pulling on to the road.”

The witness said he saw two trucks make “emergency maneuvers” to the left, and as they were doing this, the plaintiff’s trucks tail lights illuminated, smoke came from his brakes and then came an “explosion” with debris flying. The witness did not see the defendant’s truck before the collision. The witness said that the same voice got on the CB and said words to the effect of, “That driver never had a chance in hell.”

The witness pulled his truck over and walked to the front of the defendant’s truck where he asked if they had just pulled off the shoulder and onto the roadway. The defendant said yes. The witness then began scolding him for his bad driving conduct stating that he should use rest areas or ramps to stop, not the shoulder. The defendant made no response to these accusations by the witness.

In pre-trial rulings the judge ordered that all of the CB conversations the witness overheard, the admission that the defendant had pulled off the shoulder onto the roadway and the defendant’s failure to respond to or deny the accusations by the witness were all admissible in evidence.

Defense conceded the nature and extent of the plaintiff’s injuries and defended on liability only.

[10-T-109]

Type of action: Personal injury
Injuries alleged: Mild traumatic brain injury, severely comminuted fracture of the mandible, dysphagia, dysarthria, shoulder injury
Name of case: Gary Ralph Guthrie Jr. v. Dreams Express Inc., et al.
Court: Spotsylvania County Circuit Court
Case no.: CL-08-700
Tried before: Arbitration
Name of arbitrator: Paul F. Sheridan
Special damages: $574,168 (medical – $408,434; past wages – $54,976; impairment wages – $110,758)
Verdict or Settlement: Arbitration award
Amount: $2,375,000
Date: July 2, 2010
Insurance carrier: AequiCap
Plaintiff’s attorneys: Steven M. Frei, Robert T. Hall and Charles C. Lacy Sr., Reston