Bulldozer Mishap Gets - Moscow Man $3.2 Million Verdict
Joseph A. Quinn, Jr.
SUNDAY INDEPENDENT - WILKES-BARRE, PA
By FRED NEY
Largest in Lackawanna County History in Non-Fatal Case
A Wilkes-Barre lawyer has obtained a $3.2 million jury award in Lackawanna County Court against a Drums company. It is the largest jury award in a non-fatal case ever handed down in Lackawanna County.
Atty. Joseph Quinn represented Richard Jones, 45, of Moscow, a heavy equipment operator who was severely injured when a bulldozer rolled over on him in 1988 at a mine reclamation project in Lackawanna County on Archbald Mountain.
Defendant in the case was highway Equipment and Supply Company, Drums.
According to testimony given during the trial, Highway Equipment and Supply Company leased a Liebherr 711 bulldozer for use in the mine reclamation project and Jones was backing the unit off a flat bed lowboy trailer when the dozer began to slide. Ultimately, the dozer rolled over causing Jones to be thrown off the seat and under one of the rollbars of the earth mover.
The incident resulted in a severe fracture to one of Jones' legs. He subsequently underwent four operations and extensive medical treatment. At the time of trial his medical expenses were in excess of $59,000 and testimony indicated that he is at risk for future medical complications.
In presenting the case to the jury, Atty. Quinn argued that the defendant had leased the bulldozer in an "uncrashworthy condition" because the vehicle did not have a seat belt.
But the defendant claimed that the vehicle did have a functioning seat belt when it was leased and that the belt had been deliberately cut after the accident.
Further, the defendant argued at trial that the plaintiff and his witnesses who were at the time of the accident engaged in a "conspiracy to defraud and extort money from the defendant."
In arguing on behalf of the plaintiff, Atty. Quinn asserted that the bulldozer did not have a functioning seat belt at the time Jones tried to move it off the flatbed.
Further, he asserted that Jones' job required him to operate the vehicle even without a seat belt since to have refused to do so could have imperiled his continued employment.
Quinn insisted that Jones would not have been injured if the bulldozer had a seat belt.
The jury took two and a half hours to return its verdict.
Quinn has amassed numerous million-dollar jury verdicts in the past.
PLEASE NOTE: Every case is fact specific, and these results do not guaranty the same results will be obtained in a different case.
About Hourigan, Kluger & Quinn, PC
Hourigan, Kluger & Quinn is considered one of the top civil litigation and commercial law firms in Northeastern Pennsylvania. The firm’s Personal Injury Team has won some of the largest verdicts and settlements in the region's history and was recently recognized for one of the top 20 Verdicts in Pennsylvania.
The Personal Injury Team, led by Attorney Joseph A. Quinn, Jr. focuses on a wide array of personal injury claims and civil litigation, including medical malpractice, auto and truck accidents, aviation accidents, unsafe vehicles, dangerous or defective products, workplace injuries (worker's compensation), construction site accidents, claim denials by insurance companies, dangerous drugs, defective children's products, nursing home abuse and neglect, and falls due to unsafe conditions (slip and fall).
Attorney Joseph A. Quinn, Jr. is one of only 100 attorneys in the United States (and one of only three in Pennsylvania)
honored with membership in the Inner Circle of Trial Advocates, and one of only 500 attorneys worldwide chosen to be a Fellow of the International Academy of Trial Lawyers. He has been a Pennsylvania Super Lawyer every year since the program began and has been listed in The Best Lawyers in America every year since the publication was established in 1987. Best Lawyers also named him top personal injury attorney for Northeastern Pennsylvania and the Lehigh Valley. In addition, Best Lawyers, in conjunction with U.S. News & World Report, has designated HKQ a Tier 1 Best Law Firm for personal injury and medical malpractice litigation in Northeastern Pennsylvania and the Lehigh Valley.
Since the inception of the firm, the Commercial / Corporate Team led by Attorney Allan Kluger has provided comprehensive, integrated legal services to many of Northeastern and Eastern Pennsylvania's largest corporations, businesses, banks, non-profits and institutions, handling matters involving labor and employment, wills, trusts and estate planning, estate administration, elder law, commercial transactions, residential and commercial real estate, zoning, land use and development, telecommunications, mediations and arbitrations, commercial litigation, title insurance, business planning and business succession, corporate/business structuring, employment discrimination law for employers, banking, creditor’s rights, finance, lender liability defense, covenants not to compete, construction law, mergers and acquisitions and other business matters.
Additional information can be found at www.HKQLaw.com or by calling (800) 760-1529.