PERSONAL NEGLIGENCE. DEFENDANT'S VERDICT

• Pages: 12-13

Road when suddenly and without warning the defen-

dant swerved into the plaintiff’s lane of travel,

sideswiping the plaintiff’s vehicle. As a result of the

collision the plaintiff suffered an acoustic concussion

with tinnitus, sensitivity to noise and imbalance issues

along with cervical and thoracic sprain and strain.

The plaintiff maintained that the defendant was negli-

gent in failing to have the vehicle under proper and

adequate control, failing to maintain a single lane,

failing to properly observe and heed traffic conditions

then and there existing, and traveling at an excessive

rate of speed for traffic conditions. The defendant

denied all allegations of negligence and injury and

maintained that the actions of the plaintiff caused or

contributed to the accident and any resulting

damages suffered by the plaintiff.

The board of arbitrators found in favor of the plaintiff

and awarded her $7,000.

REFERENCE

Sara Catanzaro vs. Zoey Alberts. Case no. AR-20-

004986; Panel Arbitration, 10-08-21.

Attorney for plaintiff: Bernard Tully in Pittsburgh, PA.

Attorney for defendant: Mark Martini of Robb

Leonard Mulvihill, LLP in Pittsburgh, PA.

Tractor-Trailer Negligence

DEFENDANT’S VERDICT

Motor vehicle negligence – Tractor-trailer

negligence – Right turn collision – Plaintiff’s

vehicle struck by defendant’s tractor trailer while

making right turn – Back and neck and shoulder

pain.

Allegheny County, PA

In this motor vehicle negligence action, the

plaintiff’s vehicle was struck along the side by the

defendant’s tractor trailer while both were

making a right turn causing the plaintiff to sustain

injury. The defendant denied all allegations of

negligence.

On May 15, 2020, the plaintiff was traveling in his ve-

hicle at the intersection of Yost Boulevard and Brinton

Road in Braddock Hills, Pennsylvania. At the time of

the incident, the plaintiff’s vehicle was stopped at the

aforementioned intersection in the right turn lane. At

the same time, the defendant, operating a tractor

trailer in the scope of his employment, was also

stopped at the subject intersection in the left turn/

straight lane. Upon a green traffic signal, the plaintiff’s

vehicle proceeded to make a right turn. The defen-

dant’s vehicle also began to make a right turn, ille-

gally from the left turn/straight lane. As both vehicles

were turning onto Brinton Road, the defendant’s vehi-

cle struck the plaintiff’s vehicle along the side.

The plaintiff maintained that the defendant was negli-

gent in failing to keep a proper lookout, failing to ex-

ercise due care, failing to remain in the correct lane

of travel, in negligently making a right turn from the

left turn only/straight lane, in failing to turn from the

appropriate lane, failing to maintain a safe distance

from the plaintiff’s vehicle, failing to apply the brakes

in a timely manner, and failing to avoid striking the

plaintiff’s vehicle. Consequently, the plaintiff sustained

injuries, including back pain, neck pain, and shoulder

pain.

The arbitration panel found in favor of the defendant.

REFERENCE

Ronald Gubash vs. Richard Casse, O.T.C. Inc. Case

no. AR-20-003403; Arbitration Panel, 04-09-21.

Attorney for plaintiff: Jepthah M. Orstein of Ainsman

Levine, LLC in Pittsburgh, PA. Attorney for defendant:

Paul R. Robinson of Meyer Darragh Buckler and

Bebenek in Pittsburgh, PA.

PERSONAL NEGLIGENCE

DEFENDANT’S VERDICT

Personal negligence – Plaintiff injured while

helping defendant move large desk at defendant

company’s office – Traumatic brain injury –

Migraine headaches – Aphasia – Post-traumatic

cephalagia.

Montgomery County, PA

In this personal injury action, the plaintiff was

helping the defendant move a desk on the

premises of the defendant’s office when her head

became caught between the desk and the

doorway, causing her to be injured. The

defendants denied all allegations of negligence.

On October 11, 2013, the plaintiff was lawfully on the

premises of her employer’s office, located at 196

Ashland Street in Doylestown, Pennsylvania. At the

time of the incident, the defendant was an em-

ployee of the defendant company, which was leas-

ing an office in the same building as the plaintiff’s

employer. As the defendant was furnishing the office

on the premises, the plaintiff was assisting him in

moving a large desk from a store room into his office.

While moving the desk, the plaintiff and defendant

attempted to move the large desk through a door-

way. As the defendant was pushing the desk through

the doorway, the plaintiff’s head became caught

between the desk and the doorway.

12 VERDICTS BY CATEGORY

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