The recent case of Wilson v. Beiler and JM Lapp Plumbing & Heating, 2023-02714-TT (Chest. Ct. Ct. Com. Pl. 2024), is exemplary of runaway jury exposure that has accelerated since the COVID-19 pandemic. In Wilson, the plaintiff, Heath Wilson, was riding his bike along a trail’s designated road crossing when he was struck by a truck being operated by defendant, Donald Beiler, and owned by defendant, JM Lapp Plumbing and Heating, LLC. The collision and impact threw plaintiff twenty-five feet, causing him to spend two weeks in a coma and suffer a traumatic brain injury. Plaintiff also had multiple brain fractures, a spleen fragmentation that required the removal of the organ, and will likely require assistance for the rest of his life.
The defendants denied liability. They argued that plaintiff was an experienced bicyclist, and he failed to take proper precaution when crossing the road. During pretrial negotiations, the defendants offered $500,000 of their $6 million dollar policy. Plaintiff, did not accept the offer, and instead chose to go to trial.
Plaintiff counterargued that he had the right of way and he had been crossing in an area where signage warned drivers to be aware of the surrounding bicyclists and pedestrians. Plaintiff argued had the driver been paying attention to the road, he would have had sufficient time to either stop or significantly slow down his vehicle after noticing the Plaintiff. Expert testimony suggested that the driver should have been aware of the Plaintiff from as far as 100 yards away if he had been paying attention.
At trial, the Plaintiffs had to heavily rely on their expert’s reconstruction of the accident because Plaintiff was unable to remember the accident. After hearing the testimony at trial, the jury found Plaintiff was 15% negligent but found the remaining 85% negligence attributable to the Defendants. The verdict was: $10.9 million for medical expenses, $2.2 million for lost earnings, and $16 million in noneconomic damages, totaling an award of 29.1 million dollars to the Plaintiff. The verdict was one of the largest personal injury verdicts awarded in 2024 in Pennsylvania.
For additional questions, please contact Michala Petersen, Esquire and/or Glen Shikunov, Esquire
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