Man Nearly Loses Leg To Explosives In Strip Mine: Successful Appeal To Pennsylvania Superior Court Results In Higher Settlement
An explosives company was performing blasting operations as a subcontractor in a strip mine behind the client's residence. A blast produced flyrock, a piece of which struck the client. As a result, the client's lower left leg was severed and only remained attached by a few tissues. The client was life-flighted and diagnosed with a Grade III-B open tibia fracture. A grade III is the highest category of injury to bone and B is the highest category of contamination to the skin, muscle and tissue. Emergency surgery was performed in an attempt to salvage the severed limb and a titanium rod was inserted to internally stabilize the fractures. Additional hardware inserted in the leg included a large plate and several screws. Bone was missing over several inches of the leg, as was the skin, muscle and other tissues. Tissue, muscle, veins and arteries were harvested from the upper back and shoulder area and sewn in by microsurgery. The client had a total of four surgical procedures performed. The leg was ultimately salvaged.
The blasting company and coal mining company denied liability. After a 10-day trial, a jury returned a verdict of $350,000. We believed that one of the jurors was biased because of a long-standing relationship with an owner of one of the defendant companies but the trial judge refused to remove the juror. An appeal to the Superior Court of Pennsylvania was pursued. The Superior Court agreed with our position and ordered a new trial. After this appellate court victory, the case settled for $1.5 million.
Security Guard Injured By Thief's Car
As a security guard for a retail store located in a mall, the client followed a young man who had stolen a leather jacket into the parking lot. The thief's car nearly ran over the client, causing the client to jump out of the way, injuring the client's knee. There was no actual contact between the car and the client. The automobile insurance carrier denied coverage to the thief claiming an intentional-act exclusion. Rosen Louik & Perry, P.C., lawyers were able to prove that the thief's acts with the vehicle were not intentionally directed toward injuring the client. Such an intentional act would have nullified insurance coverage for the client's injuries. Once intentional acts were excluded, the insurance from the automobile company was required to cover the accident. The case settled for $475,000.
Industrial Explosion Kills Three
Our client was one of three individuals who died as the result of an industrial explosion at his place of employment. Under Pennsylvania law, our client was prohibited from suing his employer. Rosen Louik & Perry, P.C., worked with a team of plaintiffs' lawyers to identify other companies responsible for the explosion. Numerous companies that had supplied equipment to detect and prevent explosions as well as companies that designed the system were ultimately sued. After extensive discovery and many depositions, the plaintiff's team settled all cases for in excess of $22 million.
Man Fractures Hip After Being Knocked Off Truck By Crane
During his employment as a tractor-trailer operator, our client was in the process of assisting with the unloading of two 4,000 pound jersey barriers from client's truck when the crane operator struck client and knocked him off the back of his truck with the barrier. As a consequence of being struck by the jersey barrier and knocked off the trailer to the ground, plaintiff sustained a right hip fracture. This case settled for $311,000.