DBJ negotiated a $6.7 million settlement on behalf of a woman whose right arm and leg had to be amputated after a truck in which she was riding drove off an entrance ramp. As the truck entered the ramp, the driver lost control and the trailer being pulled by the truck swung back and forth, causing the truck to flip over the retaining wall and falling 15 feet onto I-70. The plaintiff received severe injuries to her arm and leg, which were later amputated.
Plaintiff’s attorneys argued that the driver had worked excessive hours, suffered from driver fatigue, and was driving too fast as he approached the ramp. They also claimed the cargo was improperly loaded, causing it to shift and contribute to the driver’s loss of control, and the maintenance companies failed to maintain and service the trailer’s brakes.
The insurer for the driver and owner of the truck contributed $1 million, the insurer for the company that loaded the cargo contributed $200,000, and the insurers for the maintenance companies contributed $5.5 million.
The plaintiff was represented by Scott S. Bethune and Timothy L. Brake of DBJ.
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