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Estate faulted truck driver for fatally hitting pedestrian

Amount:

$4,500,000

Type:

Settlement

State:

Pennsylvania

Venue:

Philadelphia County

Court:

Philadelphia County Court of Common Pleas

Injury Type(s):

leg-fracture (fracture, femur);
leg-crush injury;
other-death; other-sepsis; other-conscious pain and suffering; cardiac-cardiac arrest; amputation-leg (leg (above the knee)); amputation-finger; mental/psychological-anxiety; mental/psychological-depression; mental/psychological-emotional distress

Case Type:

Motor Vehicle – Truck, Pedestrian, Parking Lot, Single Vehicle; Worker/Workplace Negligenc; Wrongful Death – Survival Damages

Case Name:

Edward Lisker, individually and as administrator of the Estate of Martin Lisker, deceased, and Mark Lisker v. John E. Herrmann and HBI Inc.,
No. 140902588

Date:

August 9, 2016

Parties

Plaintiff(s):

Mark Lisker (Male, 57 Years), 

Edward Lisker (Male), 

Estate of Martin Lisker (Male, 90 Years)

Plaintiff Attorney(s):

Edward F. Chacker;
Gay Chacker & Mittin, P.C.;
Philadelphia,
PA,
for
Mark Lisker, Edward Lisker, Estate of Martin Lisker

Plaintiff Expert(s):

Vince Gallagher; Engineering; Audubon,
NJ called by:
Edward F. Chacker ■ Wayne Ross; M.D.; Forensic Pathology; Lancaster,
PA called by:
Edward F. Chacker ■ Robert Estupinan; M.D.; Internal Medicine; Lakeland,
FL called by:
Edward F. Chacker

Defendant(s):

HBI Inc., 

John E. Herrmann

Defense Attorney(s):

Seth J. Schwartz;
Marshall, Dennehey, Warner, Coleman & Goggin, P.C.;
Philadelphia,
PA,
for
HBI Inc., John E. Herrmann ■ Thomas F. Reilly;
Chartwell Law Office, LLP;
Philadelphia,
PA,
for
HBI Inc., John E. Herrmann

Defendant Expert(s):

Ian Hood;
Forensic Pathology;
Philadelphia,
PA called by:
Seth J. Schwartz, Thomas F. Reilly ■ Brian Smith;
Engineering;
Abington,
PA called by:
Seth J. Schwartz, Thomas F. Reilly ■ Robert Toborowsky;
Forensic Psychiatry;
Philadelphia,
PA called by:
Seth J. Schwartz, Thomas F. Reilly ■ Steven Schorr;
Accident Reconstruction;
Abington,
PA called by:
Seth J. Schwartz, Thomas F. Reilly ■ Thomas Walshe III;
Neurology;
Boston,
MA called by:
Seth J. Schwartz, Thomas F. Reilly

Insurer(s):

Nationwide Mutual Insurance Co.

Facts:

On Aug. 15, 2014, plaintiff’s decedent, Martin Lisker, 90, was struck and dragged by a 12-wheel dump truck, on Oxford Avenue, in Northeast Philadelphia. Lisker and his son, plaintiff Mark Lisker, 57, were walking on a sidewalk across the entrance of a strip mall when Martin Lisker was struck by the driver’s side of the truck. He fell and his left leg got caught by a rear driver’s side tire; he was turned over and then dragged into the street. He later died of his injuries. Mark Lisker and his father’s estate sued the driver, John Herrmann, and his employer, HBI Inc., alleging that Hermann was negligent in the operation of a vehicle. The estate’s expert faulted Herrmann for failing to see Martin Lisker and sound a horn to warn pedestrians that he was going forward in the truck. Herrmann failed to exercise reasonable care, and the driver admitted that he should have asked for a flag person to wave him out of the parking lot. The expert concluded that Herrmann violated industry safety standards by not using a flag person. According to Herrmann’s expert in accident reconstruction, the driver cautiously proceeded forward before leaving the parking lot, and Martin Lisker failed to see the truck and negligently entered its path of travel. Herrmann’s expert in engineering opined that a flag person was not necessary and was not a requirement under industry standards, since Herrmann was not driving in a construction site; moreover, it would have been dangerous for a flag person to be stationed in a busy parking lot.

Injury:

Martin Lisker’s left leg was partially amputated and he was conscious at the scene. He tried to speak but was unable to articulate. He was taken by ambulance to a hospital, where he was diagnosed with a crush injury to his leg, and an above-the-knee amputation was performed. He also had a finger amputated and suffered a right-femur fracture. One week later, Lisker suffered a massive heart attack, and died from sepsis a week later, on Aug. 29. The estate had a medical lien of approximately $49,000. The estate’s expert in forensic pathology opined that Lisker suffered severe conscious pain and suffering from the moment he was struck by the truck to when he died. His family testified that Lisker led an active lifestyle. Days earlier, he, his son, and wife went to three different casinos. The estate’s counsel was prepared to show video surveillance at one of Lisker’s casino trips, where he could be seen walking around with his son and wife. His estate sought damages under the Wrongful Death and Survival Acts. Mark Lisker said that witnessing his father’s death caused him to suffer depression, anxiety, flashbacks, nightmares, and feelings of guilt. Lisker returned to his home in Florida, and treated with his family doctor and a psychiatrist, including taking medication. Lisker stated that he was too distraught to attend his father’s funeral. He sought damages for past and future pain and suffering. Herrmann’s expert in forensic pathology testified that the endorphins released due to the trauma of the accident would have prevented Martin Lisker from experiencing any pain, and the pain he experienced during his hospitalization would have been minor, due to medication. The opinion was supported by Herrmann’s expert in forensic neurology. Herrmann’s expert in psychiatry, who examined Mark Lisker, acknowledged his emotional distress, and opined that with three months of intense therapy, his emotional trauma could be resolved.

Result:

The parties settled for $4.5 million, two days before jury selection. The estate is to receive $3.5 million, and Mark Lisker is to receive $1 million. HBI had an insurance policy limit of $1 million per occurrence with $4 million umbrella coverage.

Trial Information:

Judge:

Marlene F. Lachman

Demand:

$5,500,000 by the Estate of Martin Lisker; $2,000,000 by Mark Lister

Trial Length:

3
 days

Editor’s Comment:

This report is based on information that was provided by plaintiffs’ counsel. Defense counsel did not respond to the reporter’s phone calls.