Insurer must pay $13.6M after hospital death

Hospital settles medical malpractice suits with two families for $5M

CITIZENS' VOICE - WILKES-BARRE, PA
June 3, 2003

By TIM GULLA
Staff Writer

A jury in Middle District Federal Court in Scranton awarded the estate of a Hughestown woman, who was killed in a tractor-trailer accident on Interstate 81, a total of $5.7 million in damages late Friday evening.

The jury's job is not yet over, however. The panel will reconvene on Wednesday to determine if more damages are warranted.

Colleen Shea, a 26-year-old accountant, was returning from an audit in Susquehanna County on Oct. 19, 2001, when a tractor-trailer, in the opposite lane of Interstate 81, sustained a blowout and crossed the median. The tractor-trailer then headed directly into the path of Shea's vehicle and she was killed in the fiery collision.

Attorney Joseph Quinn, who represents Shea's estate, contended during a 3½-week trial in federal court that the truck driver should never have been on the roadway.

Quinn claimed the driver was fatigued and in violation of regulations on maximum driving time. Attorney Quinn further alleged the truck was not inspected properly and had defective brakes.

The jury, in a verdict reached at about 11:30 p.m. on Friday, found the truck driver and four companies that either employed the driver or owned the truck and trailer, were negligent.

However, the truck driver, Jerry Slyter, of Wolcott, N.Y., was found to be only 5 percent negligent. Instead, the jury placed most of the responsibility on the companies.

The jury attributed 50 percent of the negligence to Keith Titus Corp., of Weedsport, N.Y.

Page Transportation Inc., Page E.T.C. Inc., both of Weedsport, New York, and John Pfrommer LLC, of Douglasville, each were assigned 15 percent of the negligence.

In addition, the jury determined the conduct of the four companies constituted reckless indifference or reckless disregard to the safety and well being of Colleen Shea. Because of this ruling the jury will reconvene on Wednesday to determine if punitive damages are warranted.

On Friday, the jury awarded Shea's estate $21,174 for funeral and administrative expenses; $10,000 for past and present contributions Shea would have made to her family; $470,000 for the future contributions Shea would have made to her family; $11,000 for the past and present value of services Shea would have given to her family; and $1 million for the future value of services Shea would have given to her family.

In addition, the jury awarded the estate $4.2 million for the loss of Shea's past, present and future earnings potential.

The jury awarded no damages for the alleged pain, suffering and emotional distress endured by Shea before her death.
Attorney Quinn could not comment on the verdict because the case is ongoing.

Shea was an honor student at Pittston Area High School who won a scholarship to King's College. She graduated with degree in accounting and had been working at Michael Prociak Associates in Plains.

Prior to her death, Shea was offered a new job that she was going to take after the tax season ended.

U.S. District Judge A. Richard Caputo is presiding over the case.