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Personal Injury Verdicts & Awards

Bulldozer Mishap Gets - Moscow Man $3.2 Million Verdict

SUNDAY INDEPENDENT - WILKES-BARRE, PA

By FRED NEY
Staff Writer

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 HKQ Law

Hourigan, Kluger & Quinn is considered one of the top civil litigation and commercial law firms that has had the privilege of representing more families in the courtroom than any other NEPA firm. The attorneys at HKQ Law have been honored as Super Lawyers, Best Lawyers, Best Law Firms by US News and World Report, and have received the AV Preeminent Rating by Martindale-Hubbel. HKQ Law was recently recognized for one of the top 20 Verdicts in Pennsylvania.

The firm’s Personal Injury Team, led by Attorney Joe Quinn, Jr., has won some of the largest verdicts and settlements in the region's history. The Personal Injury Team 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 across multiple categories 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.

				

 

As Hourigan, Kluger and Quinn addresses the concerns raised by COVID-19, the health and safety of our clients, employees and friends of the firm remain our top priority.


These are very difficult and scary times and we hope that you and your loved ones are safe and symptom free. We recognize that so many of you are understandably anxious about your health, the economic impact of this pandemic and all of the consequences of social isolation.

We also recognize that many of you are anxious about how the coronavirus is impacting the Court systems, our firm and your cases. Although all of our offices are closed, our firm has remained fully operational and we have initiated procedures that allow all of our attorneys and staff to work remotely from their homes. Each of us and our staff will respond to any emails and calls about your cases as quickly as possible.

Our Federal and State Courts have instituted significant changes in their calendars as a result of the coronavirus. Although most courthouses are closed to the public, and Hearings and Trials will be delayed for some time, there are matters that can proceed telephonically and by video. Despite these changes in the Court calendars, we are working diligently on your cases and are determined to do whatever we possibly can to assure an early and just recovery for you and your loved ones. Even under these difficult circumstances, we believe that "Nobody will work harder for you than we will."

With regard to new potential clients, we are not in a position to have an in-person new client meeting, but we will be conducting these initial meetings via phone. New potential clients should call us for a free telephone consultation at (570) 287-3000.

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