Verdicts and Settlements:
Pedestrian Struck By Tractor-Trailer Awarded $1,207,930
Stavros E. Sitinas obtained a verdict in excess of $1.2 million for a 58-year-old woman who was hit by a tractor-trailer that jumped on the sidewalk where she was walking. The victim suffered skull, shoulder, rib, and thumb injuries.
The defense claimed that the driver lost control of his vehicle due to a "coughing fit" that caused him to lose consciousness. They argued that since their client suffered a medical emergency, he could not be found negligent in causing this accident. The owner of the truck and the employer of the defendant truck driver did acknowledge three previous medical emergency accidents but were able to provide a recent doctor's certificate (issued 16 days before the incident) that medically cleared him to operate a tractor-trailer.
Using the same certificate, Mr. Sitinas was able to prove that this medical clearance to drive was acquired partially through a false medical history given by the driver. Mr. Sitinas further proved, through the testimony of the responding police officers, that the driver of the truck appeared lucid at the scene and never told them that he had lost consciousness. Mr. Sitinas argued that this loss of consciousness claim was nothing more than a farce created during the litigation process.
The victim sustained a fractured skull, three rib fractures, a displaced fracture of a clavicle, and a rupture of her right (dominant) thumb's ulnar collateral ligament. The jury refused to believe the "medical emergency" defense and instead returned a $1,207,930 verdict in favor of the injured victim.