Jury Awards Woman $8.6 Million Dollars

Note: My comments..... When you read this article please look at the facts.

• A Jury made of ordinary people decided the outcome.
• This case has been going on since 1997
• Why is the company putting even more pressure by choosing to fight the award.
• They the Company Has know about this problem for a long, long time.
• Where is our Government in all of this? Where are the Recalls?? Where Is NHSTA?
  
• The victim was driving... she did not ask to get hit by a loose trailer caused by a poorly designed hitch.
  
• Don't you think she suffered enough?
• The company's web site is http://www.dutton-lainson.com/
  

Posted On: January 14, 2009 by Jeffrey M. Reiff

Jury Awards Woman $8.6 Million Dollars Against The Manufacturer Of An Allegedly Defective Towing Coupler Manufactured By Dutton-Lainson Company of Hastings, Nebraska

A Missouri woman who sustained serious head injuries when a towing coupler came apart from a large homemade house trailer that crashed head on into her car successfully won $8.6 million dollars against the manufacturer of the towing coupler. The jury determined that the Dutton-Lainson Company of Hastings, Nebraska knew about the defect in the coupler but did not correct it or issue a warning about it. The victim sustained serious head injuries when the coupler came apart on Illinois Route 143 in April 1997. The significant $8.6 million dollar damage verdict was broken down as $5 million dollars in punitive damages against Dutton-Lainson, $3.6 million dollars in natural damages against the companies and firm whose employees were towing the trailer. Dutton-Lainson’s attorney stated that the company will make all attempts to reverse the verdict.

The defective trailer lawyers at the Philadelphia defective trailer accident law firm of Reiff and Bily have long warned that in many states, including the Commonwealth of Pennsylvania, very minimal regulation exists with regard to trailers and their coupling devices. Many state laws, including Pennsylvania, are silent as to design or construction specifications for towed vehicles or for towing chains or hitches. All too often there are many safety violations and product defects that ultimately lead to catastrophic injuries and fatalities. There is no Federal law, national agency, or Pennsylvania law that requires reporting or regulation of defective trailer coupler accidents.

In the Dutton-Lainson case, information revealed that the manufacturer of the towing coupler was aware of at least 8 other accidents since 1978 where the coupler came apart, and further, an engineer recommended a study of the problem yet the company did nothing about it.

The experienced defective trailer attorneys of Reiff and Bily salute the efforts of Attorney Gregory A. Becker who championed the victory on behalf of this unfortunate plaintiff. Our Philadelphia defective product law firm and other law firms specializing in product liability and defective trailer cases have obtained documents and internal memos which clearly reveal that many manufacturers of defective trailers and defective trailer coupling devices have known about safety issues and manufacturing defects yet they continue to place profits over consumer safety. Normally a minimal and inexpensive fix is all that is required to save a life or prevent a catastrophic injury.

We are very pleased to learn that the victim, after more than a decade of fighting with high priced corporate lawyers, finally received the just compensation she deserves for her own needs and for her family’s future and we salute the efforts of Attorney Gregory A. Becker.

Posted by Jeffrey M. Reiff | Permalink | Email This Post

LOS ANGELES CAR ACCIDENT CAUSED BY RUNAWAY TRAILER THAT CAME DETACHED FROM A TRUCK RESULTS IN WRONGFUL DEATH

February 22, 2008

LOS ANGELES CAR ACCIDENT CAUSED BY RUNAWAY TRAILER THAT CAME DETACHED FROM A TRUCK RESULTS IN WRONGFUL DEATH

Common tow-trailers that are hitched to the back of passenger cars, SUVs, and trucks pose extremely hazardous risks when not secured properly. In Los Angeles, an unsecured trailer that came unhitched on the Sierra Highway caused the wrongful death of a man. When the trailer broke lose from the Chevy Suburban that was towing it, the driver of a Ford Expedition driving behind had to serve unexpectedly to avoid hitting it. Tragically, the SUV swerved across the median and slammed directly into an oncoming Dodge pickup, killing the driver of the truck instantly. The cause of the runaway trailer was a worn latch in the locking device. The widow of the man and their children were only able to recover $312,500 from their wrongful death suit.

A little known fact is that runaway trailers are responsible for a sizeable number of harmful accidents across the country. Trailers are used for a variety of purposes such as hauling household appliances, cars, boats, gardening materials, etc. When not used for commercial purposes, these trailers are often owned by individuals who are not properly trained to properly connect and secure them the towing vehicle. A study conducted by Master Lock found that most owners of trailers lacked basic safety and handling knowledge of the towing devices. In addition, more than half failed to attach safety chains to their trailers.

The risk of runaway trailers grows even greater, considering the lack of state and federal regulations governing private trailers and hauling devices. While some states require the use of safety chains, the safety requirements and regulations are not uniform or widespread. Although the California Highway Patrol posts very rudimentary towing and hauling guidelines on its website, there exists no formal training program or requirement for individuals prior to using a tow-trailer.

The remedies that can be sought after an accident involving a runaway trailer are, for the most part, limited to common law claims such as negligence, wrongful death, pain & suffering, etc. However, there seems to be a growing recognition of the dangers involved with towing. The state of Washington recently implemented a law that criminalizes the failure to secure a load when it results in bodily injury. The law, named “Maria’s Law,” was inspired by a tragic accident where debris from a U-Haul truck flew into the windshield of a woman driving behind the truck, causing her permanent blindness and disfigurement.

Tips for Safe Towing
Preparing a Trailer• Hook up the electric cable for trailer lights and make sure to check that the lights work.
• Tie the load down securely if you are using an open trailer,.
• You will need to look at your owner's manual to check the maximum weight the vehicle can safely tow. A general rule is to make sure that the vehicle is heavier than the trailer.
• Organize slightly more of the weight in the front half to ensure stability when loading the trailer,. When a trailer has been loaded correctly, approximately 10% of its total weight will be sitting on the trailer tongue.
• If you have a trailer with electric brakes, make sure the battery for the emergency breakaway system is charged and that the power cable is attached.
• Confirm before you leave that your tires are in good condition and are inflated the proper amount.

Towing a trailer• If you are in a situation where the trailer sways, hold the wheel straight and do not apply the brakes on the tow vehicle. If you brake or steer to counter the swaying, it can lead to loss of control of your vehicle. Stop when it is safe to do so and be sure the trailer is loaded properly.
• When towing a trailer, be sure to drive slowly, especially down hills. Avoid sudden stops and lane changes whenever possible.
• Avoid towing in windy, wet, or icy conditions.

If you or a family member has been involved in a truck accident, you could be eligible for compensation. If you have been injured as the result of a collision with a truck, which was not your fault or if a family member has been killed through a truck accident, you should contact a lawyer. If the accident occurred in California, please call us at Greenberg & Rudman LLC for a free and private consultation. We are experienced attorneys who can help guide you at this difficult time.

Posted by Greenberg & Rudman | Permalink | Email This Post

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Phone: 1-800-ALAWPRO (1-800-252-9776)
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trailer comes loose from truck: Collision: Wrongful deaths: Settlement: Postverdict settlement.

http://www.findarticles.com/p/articles/mi_qa3898/is_200303/ai_n9221849

trailer comes loose from truck: Collision: Wrongful deaths: Settlement: Postverdict settlement.

Ferguson v. Ritchie Tractor Co., Tenn., Knox County Cir. Ct., No. 2-60-01, Nov. 15, 2002.

Ferguson, 57, was driving on a roadway. A utility trailer came loose from a pickup truck and veered into Ferguson's lane, striking his vehicle head-on. He suffered fatal injuries. He had been the president of a security company earning approximately $100,000 annually. Ferguson is survived by his wife and two adult children.

Ferguson's wife sued the trailer manufacturer, alleging negligence in the design and manufacture of the trailer. Plaintiff also sued the company that owned and operated the trailer, alleging failure to adequately secure it, in violation of state law requiring safety chains.
The trailer manufacturer settled during trial for a confidential amount. The jury then awarded $5 million, finding the owner of the trailer 60 percent liable, and the manufacturer, 40 percent liable. Plaintiff then settled with the trailer owner for a confidential amount.
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Plaintiff's experts were Robert Lott, mechanical engineering, Nashville, Tenn., and Robert Bohm, economics, Knoxville, Tenn. Defendant's expert was Tyler Kress, mechanical engineering, Knoxville, Tenn.

Plaintiffs Counsel

*Sidney Gilreath, Knoxville, Tenn.

*Chris Gilreath, Knoxville, Tenn.

Woman Hits Loose Trailer on I-40 A settlement was reached for the amount of $500,000.

Woman Hits Loose Trailer on I-40

Woman Hits Loose Trailer on I-40

In August of 1997, Joni Walley was traveling down Interstate 40 in Nashville when she came across a trailer that had come free of the truck that was hauling it. The trailer was stopped in her lane, and Ms. Walley hit it head-on. Moments later, another vehicle struck her car from behind. Ms. Walley's car was a total loss.

She was admitted to Vanderbilt University Medical Center in critical condition and underwent several surgeries. She suffered from a serious liver laceration and major bleeding. Her initial prognosis was "extremely grave."

Fortunately, Ms. Walley survived. She had numerous follow-up visits to various doctors and was evaluated for post-traumatic stress syndrome. Her medical expenses exceeded $133,000.

On Ms. Walley's behalf, our office brought suit against the trucking company responsible for the unnattached trailer. A settlement was reached for the amount of $500,000.

Ms. Joni Seron Walley v. Hyun Dae Trucking & Shipping, U.S. District Court for the Middle District of TN, Case No. 200411, Robert L. Whitaker and Bart Durham, attorneys for Ms. Walley.

Woman Hits Loose Trailer on I-40

Woman Hits Loose Trailer on I-40

Woman Hits Loose Trailer on I-40

In August of 1997, Joni Walley was traveling down Interstate 40 in Nashville when she came across a trailer that had come free of the truck that was hauling it. The trailer was stopped in her lane, and Ms. Walley hit it head-on. Moments later, another vehicle struck her car from behind. Ms. Walley's car was a total loss.

She was admitted to Vanderbilt University Medical Center in critical condition and underwent several surgeries. She suffered from a serious liver laceration and major bleeding. Her initial prognosis was "extremely grave."

Fortunately, Ms. Walley survived. She had numerous follow-up visits to various doctors and was evaluated for post-traumatic stress syndrome. Her medical expenses exceeded $133,000.

On Ms. Walley's behalf, our office brought suit against the trucking company responsible for the unnattached trailer. A settlement was reached for the amount of $500,000.

Ms. Joni Seron Walley v. Hyun Dae Trucking & Shipping, U.S. District Court for the Middle District of TN, Case No. 200411, Robert L. Whitaker and Bart Durham, attorneys for Ms. Walley.

Trailer breaks loose from crane truck and strikes girl: Inadequate securing of trailer: Head injuries: Structured settlement

Leavesley v. Doe, Fla., St. Lucie County Cir. Ct., No. 99107 CA-10, Aug. 30, 2000.

Leavesley, 4, was in her front yard when a mobile crane truck pulling a trailer with two large funnels passed by. The trailer broke loose, rolled into the yard, and struck her, throwing her about 70 feet.

Leavesley was in a coma for almost two weeks. Her injuries included three skull fractures, multiple facial lacerations, and a fractured pelvis. She also had a brain disorder known as left-sided hemiparesis. Leavesley had difficulty speaking for some time after the accident and had to relearn many tasks she had previously mastered. Her family incurred medical expenses exceeding $600,000. Because of her diminished capacity, she had to repeat her year in kindergarten. Her treating physician stated that Leavesley will probably not be employable except in a structured setting, and that she will not be able to live on her own. An economist estimated the present value cost of her life care plan to be about $6.6 million.

Leavesley and her parents sued the owner of the crane truck, alleging negligence in the securing of the trailer.

Defendant contended that with therapy and tutoring, Leavesley would eventually be able to function as an adult with no restrictions.

After mediation, the parties reached a structured settlement with a present value of $950,000. Plaintiffs' counsel estimates that if Leaves(ey lives to her full life expectancy the total payout will exceed $25 million.

Plaintiffs' experts were Theodore Wasserman, neuropsychology, West Palm Beach, Fla; Robert G. Kamholtz, neuroradiology, West Palm Beach, Fla.; Sharon Griffin, vocational rehabilitation, Stuart, Fla.; and Bernard F. Pettingill, economics, Palm Beach Gardens, Fla.

Defendant's experts were John M. Williams, vocational rehabilitation, Coral Springs, Fla.; Anthony J. Dorto, physiatry, Miami, Fla.; and Michael S. Duchowny, neurology, Miami, Fla.

Plaintiffs' Counsel

*Robert E. Gordon, Palm Beach Gardens, Fla.

*Adam S. Doner, Palm Beach Gardens, Fla.

An asterisk (*) appearing beside the name of plaintiff's counsel indicates that the attorney is an ATLA member. To obtain additional information about a case report, contact counsel through your ATLA membership directory.

Copyright Association of Trial Lawyers of America Feb 2001
Provided by ProQuest Information and Learning Company. All rights Reserved

Trailer comes loose from truck: Collision: Wrongful deaths: Settlement: Postverdict settlement

Law Reporter, Mar 2003

Trailer comes loose from truck: Collision: Wrongful deaths: Settlement: Postverdict settlement.

Ferguson v. Ritchie Tractor Co., Tenn., Knox County Cir. Ct., No. 2-60-01, Nov. 15, 2002.

Ferguson, 57, was driving on a roadway. A utility trailer came loose from a pickup truck and veered into Ferguson's lane, striking his vehicle head-on. He suffered fatal injuries. He had been the president of a security company earning approximately $100,000 annually. Ferguson is survived by his wife and two adult children.

Ferguson's wife sued the trailer manufacturer, alleging negligence in the design and manufacture of the trailer. Plaintiff also sued the company that owned and operated the trailer, alleging failure to adequately secure it, in violation of state law requiring safety chains.

The trailer manufacturer settled during trial for a confidential amount. The jury then awarded $5 million, finding the owner of the trailer 60 percent liable, and the manufacturer, 40 percent liable. Plaintiff then settled with the trailer owner for a confidential amount.