Subject: Verdicts & Settlements December 10, 2007: Victim hit by semi settlesin Michigan

Pub: Michigan Lawyers Weekly

Author: Michigan Lawyers Weekly Staff

Category: Justice

Sub-Category: Courts

Issue Date: 12/10/2007      Word Count: 278

Verdicts & Settlements December 10, 2007: Victim hit by semi settles in Michigan

by Michigan Lawyers Weekly Staff

Dolan Media Newswires


DETROIT, MI -- The plaintiff, who was 51 years old, was on his was to work at the Ford Rouge Plant and traveling eastbound on Interstate 94 near the intersection of Ecorse Road when he was involved in a minor fender-bender with the co-plaintiff.

According to Clinton Township lawyer Vincent F. Salerno, who represents the plaintiff, the area of I-94 in question is unique in that the entrance ramp from Ecorse Road onto I-94 merges into the far left — or fast — lane of the highway.

Following the accident, the plaintiff and co-plaintiff's were disabled in the far left lane of I-94, which also serves as the merge lane from the Ecorse Road ramp.

At the plaintiffs waited near their disabled vehicles, the defendant made his way down the entrance ramp in a semi-truck owned by co-defendant A&B Trucking Company.

She struck the plaintiff's vehicle, which, in turn, struck the plaintiff and caused severe injuries.

"This was an extremely contested liability case [in which] the defendants relied upon the theory of sudden emergency for their defense," Salerno said.

But, following a two-day facilitation, the parties reached a settlement.

For Salerno, the key to securing the award for his client came with filing a motion for summary disposition regarding the issue of serious impairment, which was granted, and a subsequent summary disposition motion relating to the sudden emergency defense.

Type of action: Pedestrian/truck accident

Type of injuries: Closed head injuries resulting in craniotomy

Name of case: Doe, et al. v. Doe, et al.

Court/Case no./Date: Wayne County Circuit Court; 05-531476-NI; Oct. 10, 2007

Tried before: Facilitator

Name of judge: Robert L. Ziolkowski

Name of facilitator: Joseph G. Lujan

Insurance carrier: AIG

Attorney for plaintiff: Vincent F. Salerno

Attorney for defendant: Withheld

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