This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Jun. 1, 2002

Torts
Truck v. Truck
Wrongful Death

Confidential

Settlement –  $1,500,000

Judge

Tyrone Medley

Court

USDC Utah


Attorneys

Defendant

John M. Palmeri


Experts

Plaintiff

Harry J. Krueper Jr.
(technical)

Michael P. Ward
(technical)

Arthur Ginsburg
(technical)

Defendant

Thomas R. Perl
(technical)

Ian Lewin
(technical)

L. Deane Smith Jr.
(technical)

Facts

The case involves the collision of two tractor-trailer rigs on Interstate 15 in August 1997 in the early hours of the
morning. The driver of Truck A left the roadway for an unknown reason and entered the dirt center median. He
then over-corrected the rig to the right, causing it to go out of control, flip over onto its left side and then come
to rest with its underside facing oncoming traffic lanes. This blocked the entire northbound side of Interstate
15, including the median to the left and the emergency parking area to the right of the two northbound lanes.
The driver of Truck B driving northbound collided with the over turned unlighted Truck A. An inferno-like fire
ensued. Both men were killed.
The widow of the driver of Truck B together with her two minor children are his sole
survivors.

Damages

The widow is a full-time homemaker and the children are aged 4 and 6. The decedent was in his late thirties and earned $65,0000 annually. Burial expenses were approximately $5,000.

Other Information

After two mediation sessions, the case settled as to the plaintiffs for $1.5 million, which included funding structures for the two children, and a greatly reduced settlement with the workerÆs compensation lien holder.


#97549

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390