The injuries were bad, but the egregious liability is what drove the recoveries.
It all began with a relatively minor accident in the northbound lanes of I-95 near St. Augustine. It turned into a multi-car massacre when a tractor trailer in the rubber-necking southbound lanes slammed into the car ahead of it and then careened across the median, jack-knifed and flipped on its side, and then slid into the original accident site.
The Law Firm of Pajcic & Pajcic represented four women from three cars involved in the crash. All were life-flighted to Shands Hospital in Jacksonville with serious fractures. Two had fractured pelvises, one a fractured ankle and one a fractured forearm. All had multiple surgeries, including internal fixation of their fractures with rods, plates and screws. All four women have now returned to normal activities though they all face future surgeries, including potential hip replacements for the two with pelvic fractures. Three of the women suffer post traumatic stress disorder and the fourth had a detached retina.
One of the women, Jane Doe, had a particularly compelling story. After the first accident she had stopped to render aid to another woman in a disabled vehicle. She was holding the woman’s hand and reassuring her when the tractor-trailer started sliding toward her. Although Ms. Doe ran for the woods, the tractor-trailer hit her and knocked her 60 feet.
Most of the work in the case focused on proof of the egregious liability. The front axle brakes of the tractor were inoperable because they had been “jacked-off” as a cost saving measure by the owner of the tractor. All the brakes on the trailer were inoperable due to a blockage in the brake air line.
The driver had worked more hours than permitted by federal law. He was maintaining three sets of truck logs to try to cover that up. The lab results showed he had marijuana in his system.
The judges in all four cases permitted The Law Firm of Pajcic & Pajcic to add punitive damages. Importantly, punitives were allowed against the owner of the tractor as well because the evidence showed he either condoned, ratified or consented to the grossly negligent conduct or was grossly negligent himself. With the number of injured parties, The Law Firm of Pajcic & Pajcic was fortunate to find $20 million in excess insurance on the sub-lessor of the trailer. The cases settled at a two-day mediation for a total of $5,250,000.
The injuries were bad, but the egregious liability is what drove the recoveries.
It all began with a relatively minor accident in the northbound lanes of I-95 near St. Augustine. It turned into a multi-car massacre when a tractor trailer in the rubber-necking southbound lanes slammed into the car ahead of it and then careened across the median, jack-knifed and flipped on its side, and then slid into the original accident site.
The Law Firm of Pajcic & Pajcic represented four women from three cars involved in the crash. All were life-flighted to Shands Hospital in Jacksonville with serious fractures. Two had fractured pelvises, one a fractured ankle and one a fractured forearm. All had multiple surgeries, including internal fixation of their fractures with rods, plates and screws. All four women have now returned to normal activities though they all face future surgeries, including potential hip replacements for the two with pelvic fractures. Three of the women suffer post traumatic stress disorder and the fourth had a detached retina.
One of the women, Jane Doe, had a particularly compelling story. After the first accident she had stopped to render aid to another woman in a disabled vehicle. She was holding the woman’s hand and reassuring her when the tractor-trailer started sliding toward her. Although Ms. Doe ran for the woods, the tractor-trailer hit her and knocked her 60 feet.
Most of the work in the case focused on proof of the egregious liability. The front axle brakes of the tractor were inoperable because they had been “jacked-off” as a cost saving measure by the owner of the tractor. All the brakes on the trailer were inoperable due to a blockage in the brake air line.
The driver had worked more hours than permitted by federal law. He was maintaining three sets of truck logs to try to cover that up. The lab results showed he had marijuana in his system.
The judges in all four cases permitted The Law Firm of Pajcic & Pajcic to add punitive damages. Importantly, punitives were allowed against the owner of the tractor as well because the evidence showed he either condoned, ratified or consented to the grossly negligent conduct or was grossly negligent himself. With the number of injured parties, The Law Firm of Pajcic & Pajcic was fortunate to find $20 million in excess insurance on the sub-lessor of the trailer. The cases settled at a two-day mediation for a total of $5,250,000.