Most drivers never think about the actual safety of the road on which they drive. Unfortunately, that road and the design of it can be highly dangerous. Our firm has represented two families that suffered severe injuries and death as a result of our unsafe roads. In Hialeah, a mother and wife lost control of her car because of a dropoff between the road and shoulder. She and two of her children died. In Broward county, three brothers were traveling north on I-95 when their Volkswagon left the road and the wheels dug into the soft sandy shoulder, turned over and hit the concrete bridge support. Two of the brother were paralyzed. In two recent cases outside of FLorida a school bus turned over because of guardrails on the shoulder. One child suffered brain damage. In Pennsylvania, a lady lost control of her car because of a drop-off between the road and shoulder, as a result of the accident she was paralyzed. Nobbe v. Macoupin Co. Contracting Inc., Ill. Montgomery Co. 4th Judicial Cir., No. 2005 L 32, Aug. 15, 2006. Nobbe 12, was riding in a school bus when the driver veered onto the shoulder of the road. The bus became entangled in guardrails lying along the shoulder and rolled over. Nobbe suffered a brain injury resulting in lost functional capacity and limited mobility. He requires permanent 24-hour care. Nobbe incurred about $1.21 million in past medical expenses and faces an estimated $27.24 million in future medical costs. His future lost income is estimated at $4.18 milion. Nobbe’s parents, on his behalf, sued two contracting companies that left the unerected guardrails lying on the side of the road. Suit alleged defendants violated industry standards and guidelines by negligently leaving the guardrails lying on the shoulder without taking precautionary measures. Plaintiffs claimed the guardrails prevented the bus driver from being able to regain the road after veering onto the shoulder. Defendants argued the bus drive was contributorily negligent for steering the bus onto the shoulder. The parties settled before trial for $2.7 million. Plaintiffs’ experts were Robert Eilers, life-care and future management planning, Hinsdale, Ill.; Charles Linke, economics, Champaign, Ill.; and Wesley Grimes, accident reconstruction, Mesa, Ariz. Houghtaling v. Hanson Aggregates Pa. Inc., Pa., Luzerne Co. Com. Pleas, No. 9803-2005, June 21, 2006. Houghtaling, 58, was driving on a rural road when her car’s passenger side tires left the road and dropped six inches to the dirt shoulder. Hoghtaling over-steered the car in an attempt to get the tires back on the roadway, and the vehicle re-entered the roadway, yawed, and then struck two trees on the roadside. Houghtaling sustained multiple spinal and rib fractures and now suffers from incomplete quadriplegia. She underwent two spinal surgeries and incurred between $500,000 and $600,000 in past medical expenses. Her future medical costs and life-care plan are estimated at $9.92 million. Houghtaling had run a child-care center but is now able to work there only part-time, volunteer basis. She did not claim lost income. Houghtaling sued the company that contracted with the state to pave and shoulder several roads in the area. Plaintiff alleged defendant failed to timely shoulder the road after repaving it or warn traffic that there was a drop-off of more than four inches along the side of the road. Plaintiff claims defendant’s failure to shoulder the road within seven days of its repaving violated state transportation department rules. Defendant acknowledged that the steep drop-off was dangerous to drivers but claimed it did not cause the incident in question. Defendant also contended plaintiff was speeding. The parties reached a mediated settlement before trial for $14.5 million. Plaintiff’s experts included Scott K. Epstein, physical medicine and rehabilitation, Honesdale, Pa.; Robert D. Voogt, life-care planning, Virginia Beach, Va.; Walter P. Kilareski, accident reconstruction, State College, Pa.; Cloyce Darnell, engineering, Shalimar, Fla.; and Guy W. Fried, physical medicine, rehabilitation, and spinal cord injury medicine, Philadelphia, Pa. Defendant’s expert witnesses were Richard Bonfiglio, physical medicine and rehabilitation, Murraysville, Pa.; Steven C. Batterman, accident reconstruction, Cherry Hill, N.J.; and David L. Crawford, life-care planning, Philadelphia, Pa.
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Miami, FL 33145
Phone: (305) 856-4577
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