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
|