Tractor-trailer stops suddenly to avoid collision: Negligence in operation of truck: Hand, back injuries, $1.59 million recovery.

Law Reporter
September, 2000

Lubinski v H.R. Ewell, Inc., U.S. Dist. Ct., D.N.J., No. 97-731, Feb. 16, 2000.

Lubinski, 32, was driving a tractor-trailer. A truck moved into his lane, striking his vehicle and forcing it onto the shoulder. Lubinski stopped suddenly to avoid a collision with a tractor-trailer parked on the shoulder and was violently shaken inside his cab due to shifting cargo in his truck. He suffered multiple injuries, requiring carpal tunnel releases on both hands, cervical diskectomies, fusions at C4-5, C5-6, and C6-7, and a lumbar diskectomy at L5-S1. His medical expenses totaled approximately $115,100. A truck driver who had earned $33,000 annually, Lubinski has been unable to return to work.

Lubinski sued the owner and driver of the truck, alleging the driver was negligent in the operation of his vehicle.

The case resolved for $1.59 million.

Plaintiff's experts included Donald Klopp, trucking, Collegeville, PA.; William H. Bassichis, physics, College Station, TX; Jerry Kear, psychiatry, and Ronald S. Kaiser, vocational issues, both of Philadelphia, PA; and David T. Bunin, economics, Wynnewood, PA.

Defendants' experts included John A. Desch, trucking, Riverdale, NJ; Harold Alexander, bioengineering/biomechanics, and James M. Pascuiti, vocational issues, both of Springfield, NJ; Seymour D. Barcun, economics, Metuchen, NJ; and H. James Phillips, physical therapy, Cedar Grove, NJ.

Plaintiff's Counsel

Alan M. Feldman, Philadelphia, PA
Daniel J. Mann, Philadelphia, PA