Sedan hit from behind by tractor-trailer
Tractor-Trailer — Rear-ender — Weather Conditions
- Publication: Verdictsearch Pennsylvania – Monroe / Northampton
- Date: February 2004
SETTLEMENT
$1,000,000
CASE
Margaret Vietro v. Harry M. Fetterman and Rollin E. Johnson Trucking Inc., No. C0048CV2001007242
COURT
Northampton County Court of Common Pleas, PA
JUDGE
Michael V. Franciosa
DATE
5/19/2003
PLAINTIFF ATTORNEY(S)
Todd S. Miller, Todd S. Miller & Associates, Allentown, PA
Carl B. Williamson, Todd S. Miller & Associates, Allentown, PA
DEFENSE ATTORNEY(S)
John Delany, III, Delany & O’Brien, Philadelphia, PA
FACTS & ALLEGATIONS
On June 8, 2001, plaintiff Margaret Vietro, 53, an executive secretary, was driving her 2000 Hyundai west on Richmond Road in Martin’s Creek. She stopped for a car turning left in front of her and was rear-ended by a loaded tractor-trailer driven by Harry Fetterman for Rollin Johnson Trucking Co., Stockertown. Vietro was hospitalized for two days and sustained a traumatic brain injury as a result of the accident.
Vietro sued Fetterman and Rollin Johnson Trucking for negligence. Vietro alleged that Fetterman failed to control the truck and was driving too fast.
The defendants denied negligence, claiming that Vietro’s car was obscured by the sun.
INJURIES/DAMAGES
Traumatic brain injury; cognitive defects; depression; memory loss; nerve damage; numbness
Vietro sustained permanent traumatic brain injury leading to memory loss, ongoing cognitive problems, numbness and tingling sensations. She also claimed nerve damage to the scalp and depression. The injuries left Vietro unable to resume the position she held as an executive secretary prior to the accident. She sought damages for lost earning capacity, pain and suffering, and lost enjoyment of life.
The defendants contended that Vietro’s brain injury was not permanent.
RESULT
The parties settled for $1 million during jury selection.
INSURER(S)
Clarendon National Insurance Company for Rollin Johnson Trucking
PLAINTIFF EXPERT(S)
Robert Toborowsky, M.D., psychiatry, Philadelphia, PA
Andrew G. Verzilli, Ph.D., economics, Philadelphia, PA
John F. Mitchell, M.D., psychiatry, Allentown, PA
Peter C. Badgio, M.D., neuropsychology, Philadelphia, PA
Richard Miller, psychology/counseling, Eastern Pennsylvania, PA
