Truck struck by tractor-trailer: Negligent maintenance of brakes: Safety violations: Amputations: Settlement
Author: Law Reporter

Doe v. CRST, Inc., Pa., Phila. County C.C.P., Dec. Term 2000, No. 010202370, Feb. 21, 2003.

Doe, 56, was driving his truck into a median crossover to move a construction sign that was obstructing a lane on the highway. A tractor-trailer swerved into Doe's lane, colliding with his truck. Doe's vehicle was crushed and caught fire.

Doe sustained traumatic amputation of his left leg and crush injuries and third-degree burns to his right leg, requiring surgical amputation. His past medical expenses totaled approximately $150,000 and his future medical expenses are estimated at $200,000. An engineer for the state department of transportation earning approximately $60,000 annually, Doe missed five months of work as a result of the incident.

Doe filed suit against the trucking company, the construction company, and the sign company. Suit against the trucking company alleged negligent maintenance of the truck in that the tractor-trailer's brakes were defective, and negligent hiring of the driver, who had a record of safety violations. Suit against the construction company and the sign company alleged that they maintained the traffic control signs in dangerous positions, in violation of the traffic control plan established by the state.

The trucking company argued that it was not responsible for maintaining the tractor-trailer because it leased the vehicle. Defendants also argued that plaintiff caused the crash.