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Suit: Sleepy bus driver caused interstate crash with 18-wheeler

Amount:

$27,018,940

Type:

Verdict-Plaintiff

State:

Ohio

Venue:

Cuyahoga County

Court:

Cuyahoga County, Court of Common Pleas

Injury Type(s):

arm-fracture, humerus;
hip; leg; leg-fracture (fracture, tibia), leg (fracture, tibia);
leg-fracture (fracture, fibula), leg (fracture, fibula);
back-fracture (fracture, L4), back (fracture, L4);
back-fracture (fracture, L5), back (fracture, L5);
back-fracture (fracture, L4), vertebra (fracture, L4);
back-fracture (fracture, L5), vertebra (fracture, L5);
ankle; elbow; other-plate; other-atrophy; other-laceration; other-cannulation; other-phantom pain; other-catheterization; other-physical therapy; other-pins/rods/screws; other-spleen, laceration;
other-compartment syndrome; other-fasciotomy/fasciectomy; other-decreased range of motion; other-scar and/or disfigurement; wrist; pelvis-fracture, pelvis;
cardiac-heart; cardiac-aorta, tear;
shoulder; shoulder-fracture (fracture, scapula), shoulder (fracture, scapula);
shoulder-fracture (fracture, clavicle), shoulder (fracture, clavicle);
face/nose-face; face/nose-facial laceration; foot/heel-crush injury, foot;
amputation-leg (leg (below the knee)); amputation-toe; urological-incontinence; urological-sexual dysfunction (impotence); urological-bladder, perforation/rupture;
arterial/vascular; arterial/vascular-pseudoaneurysm; surgeries/treatment-skin graft; surgeries/treatment-open reduction; surgeries/treatment-internal fixation; gastrointestinal/digestive-spleen; gastrointestinal/digestive-gallbladder, injury;
gastrointestinal/digestive-gallbladder, loss/removal

Case Type:

Transportation – Bus; Motor Vehicle – Truck, Passenger, Rear-ender, Driver Fatigue, Tractor-Trailer, Multiple Vehicle

Case Name:

Mark D. Soberay v. Greyhound Lines, Inc. and Sabrina M. Anderson,
No. CV-13-817909

Date:

January 21, 2016

Parties

Plaintiff(s):

Mark D. Soberay (Male, 43 Years)

Plaintiff Attorney(s):

Charles I. Kampinski;
Attorneys Kampinski and Schneider;
Cleveland,
OH,
for
Mark D. Soberay ■ Kent B. Schneider;
Attorneys Kampinski and Schneider;
Cleveland,
OH,
for
Mark D. Soberay

Plaintiff Expert(s):

John Smith; P.E., MSEE, MSBMT; Accident Reconstruction; Parker,
CO called by:
Charles I. Kampinski, Kent B. Schneider ■ Mark Edwards; Ph.D.; Human Factors — See also TECHNICAL-Engineering-Ergonomics; Lake Mary,
FL called by:
Charles I. Kampinski, Kent B. Schneider ■ Steven Levine; M.D.; Neurology; New York,
NY called by:
Charles I. Kampinski, Kent B. Schneider ■ Richard Bonfiglio; M.D.; Physical Medicine; Export,
PA called by:
Charles I. Kampinski, Kent B. Schneider ■ Maryanne Cline; R.N.; Life Care Planning; Cleveland,
OH called by:
Charles I. Kampinski, Kent B. Schneider

Defendant(s):

Akos Gubica, 

Karoly Gubica, 

Sabrina M. Anderson, 

Greyhound Lines, Inc., 

C.A.V. Enterprises, LLC

Defense Attorney(s):

Thomas P. Mannion;
Mannion, Gray, Uhl & Hill Co., L.P.A.;
Cleveland,
OH,
for
Sabrina M. Anderson, Greyhound Lines, Inc. ■ Robert T. Glickman;
McCarthy, Lebit, Crystal & Liffman Co., LPA;
Cleveland,
OH,
for
Akos Gubica, Karoly Gubica, C.A.V. Enterprises, LLC ■ Bradley J. Barmen;
Mannion, Gray, Uhl & Hill Co., L.P.A.;
Cleveland,
OH,
for
Sabrina M. Anderson, Greyhound Lines, Inc. ■ John E. Moran;
McCarthy, Lebit, Crystal & Liffman Co., LPA;
Cleveland,
OH,
for
Akos Gubica, Karoly Gubica, C.A.V. Enterprises, LLC

Defendant Expert(s):

Lee Harris;
Neurology;
Philadelphia,
PA called by:
Bradley J. Barmen ■ Robert Sugarman;
Human Factors — See also TECHNICAL-Engineering-Ergonomics;
Buffalo,
NY called by:
Bradley J. Barmen ■ Steven Schorr;
Accident Reconstruction;
Abington,
PA called by:
Bradley J. Barmen

Insurer(s):

American International Group Inc. (excess) for Greyhound Lines, Inc. and Sabrina M. Anderson

Facts:

On Oct. 9, 2013, plaintiff Mark Soberay, 43, a music studio owner, was a front row passenger on a Greyhound bus traveling from New York City to Cleveland, operated by Sabrina Anderson. The bus was traveling on Interstate 80, near the Lewisburg/Williamsport exit in White Deer, PA. At approximately 1:30 am, the bus struck the rear of an 18-wheel commercial truck also traveling westbound. The 18-wheeler was operated by Akos Gubica. The impact forced the rear of the 18-wheeler into the front interior of the bus, pinning Soberay to his seat, which was located to the right of the bus driver’s seat. Soberay claimed crush injuries of a leg, necessitating a below-the-knee amputation, and injuries of his urethra, gallbladder, spleen, heart and shoulder, and impotence of his sexual organs. Soberay sued Greyhound Lines, Inc. and bus driver Sabrina Anderson. Soberay claimed that Anderson was negligent in the operation of the bus, and that Greyhound was vicariously liable as the owner of the bus. Soberay also claimed that Greyhound displayed a conscious disregard for company policy that requires bus drivers to stop every three hours or 150 miles. Soberay alleged that Anderson fell asleep while operating the bus. He also asserted that, at the time of the accident, Anderson had driven the bus for approximately 180 miles (for over three hours), and that the accident occurred 45 miles before a mandatory scheduled rest stop in Milesburg, Pa. Soberay claimed this mandatory stop was scheduled approximately 75 miles past Greyhound’s 150 mile stop requirement, due to internal failures by the company’s scheduling and safety departments to coordinate proper stop locations. Soberay further argued that Greyhound and its chief executive officer, regional managers and safety inspectors had created a corporate culture in which the stop requirement was not enforced. Soberay claimed Greyhound failed to implement the proper policies, procedures and systems that would have prevented Anderson from operating the Greyhound bus while she was too tired or fatigued. He also claimed that Greyhound knew its drivers operated the buses while too fatigued. In support of this allegation, plaintiff’s counsel argued that following a Greyhound bus crash that occurred in 1998, in which seven people including the driver died, Greyhound was directed by the NTSB to implement a fatigue management program. Plaintiff’s counsel argued that, while such a program was implemented, it was not followed by Greyhound. Soberay also argued that Greyhound has an internal policy for its drivers to never admit responsibility in the event of a crash. Greyhound denied liability for the accident and filed a third-party claim against Akos Gubica, and the owners of the 18-wheeler he was operating, C.A.V Enterprises, LLC and Karoly Gubica. Greyhound contended that Akos Gubica caused the accident by operating the 18-wheeler at a dangerously low speed of 16 mph, and that the truck owners were vicariously liable for his actions. An accident reconstruction expert retained by Greyhound testified as to the 18-wheeler’s slow speed. Plaintiff’s counsel countered the evidence presented by the defense by presenting the testimony of an accident reconstruction and looming expert, who testified that based upon the damage caused to the two vehicles, the 18-wheeler was traveling 45 to 50 mph. He further testified that, if the 18-wheeler had actually been traveling 16 mph as claimed, Anderson would have had ample time to change lanes or stop had she been awake. A truck driver witness claimed that he had passed Gubica’s truck in the late evening hours of October 8. He stated that the truck’s lights were on at that time and that the 18-wheeler was traveling at 45 to 50 mph. The witness further claimed that, prior to the accident, the subject bus nearly hit his truck while passing him and swerved off of the road onto the rumble strips. He stated that he came upon the subject accident five minutes later. Multiple passengers on the subject bus testified that Anderson had fallen asleep. Anderson did not give an immediate statement while hospitalized post-accident. She was interviewed by state police approximately two months after the accident, at which time she claimed she blacked out following numbness in her right leg and right arm, and that this was the cause of the accident. Anderson ultimately contended that she suffered a transient ischemic attack, causing her to "black out" while driving. She claimed she suffered a concussion as a result of the accident, causing retrograde amnesia. In response, plaintiff’s counsel argued that Anderson’s claim of suffering a concussion was not true, due to the absence of a head injury following the accident. Also, the plaintiff’s stroke expert testified that Anderson most likely fell asleep and that she did not suffer a stroke. The C.A.V. defendants settled out of the case prior to trial. The matter proceeded against Greyhound and Anderson only.

Injury:

Soberay was extracted from his bus seat after about three hours after the crash. He was placed in an ambulance and transported to the emergency room at Geisinger Medical Center. He remained hospitalized for about 5.5 months. Soberay suffered injuries of the right lower extremity, including occluded tibial arteries; a crush injury of his ankle, foot, tibia and fibula; compartment syndrome; and major damage to the muscles and tendons. These injuries necessitated a below-the-knee amputation of the right leg. Soberay also suffered lower left extremity injuries, including multiple fractures of the tibia and fibula; a crush injury of the left foot; a partial fifth toe amputation; and compartment syndrome. He underwent multiple surgeries to address his left leg injuries. The procedures Soberay underwent on his left leg included open reduction and internal fixation of the tibia, including the use of a rod and screws; open reduction and internal fixation of the fibula using a plate; fasciotomies to relieve compartment syndrome pressure; and skin grafts due to the unhealed fasciotomies. Soberay additionally suffered a fracture of the left femoral head of his pelvis, a fracture of the pubic rami and bilateral hip dislocations. He also claimed a comminuted fracture of the proximal humerus of his right shoulder; vertebrae fractures at L4 and L5; left wrist dislocation; a ruptured bladder; a damaged gallbladder necessitating removal; a pseudoaneurysm (hole in the aorta); lacerations of his spleen, left upper eyelid, upper right cheek and right elbow; and a severed urethra. Soberay underwent surgery to address his shoulder injury on Oct. 14, 2013. The procedure consisted of open reduction and internal fixation, using a plate and screws. He underwent the implementation of a stent in his abdominal aorta, as well as a cannula, IVC filter and endostent. Soberay’s urethra was reconnected through urethral transection, returning normal urinary function. However, Soberay claimed continuing leaking, incontinence and impotence. He alleged that other residual effects of his injuries include decreased range of motion in his right shoulder; loss of balance; right leg phantom pain; constant left leg pain; and severe limitations in his ability to care for himself. He claimed he requires the use of a wheelchair, as well as a walker, and that he is mostly confined to a hospital bed (approximately 15 hours per day) that he had installed in his office. Soberay underwent approximately 30 surgeries to address his various and extensive injuries, and claimed he would require an unknown number of surgeries in the future. He also underwent physical therapy and occupational therapy and rehabilitation, which he claimed he would need on an ongoing basis. Soberay claimed that his medical expenses totaled $2 million at the date of the trial. He sought recovery of $30 million for past and future pain and suffering and medical expenses, and his loss of society and loss of enjoyment of life.

Result:

The jury found Greyhound and Anderson negligent and that this negligence caused the plaintiff’s damages. The jury also found that Greyhound was negligent in failing to follow its own rules and requirements, which constituted malicious conduct and showed reckless indifference to the interest of others. The jury awarded compensatory damages of $23, 018,790 and punitive damages of $4,000,150, for a total of $27,018,940.

Mark D. Soberay: $1,468,790 Personal Injury: Past Medical Cost; $3,550,000 Personal Injury: Future Medical Cost; $4,000,150 Personal Injury: Punitive Exemplary Damages; $2,500,000 Personal Injury: past and future loss of enjoyment of life; $8,000,000 Personal Injury: pain and suffering; $5,000,000 Personal Injury: past and future disfigurement; $2,500,000 Personal Injury: past and future embarrassment and humiliation

Trial Information:

Judge:

John D. Sutula

Demand:

$30 million

Offer:

$20 million (following verdict for compensatory damages)

Trial Length:

4
 weeks

Trial Deliberations:

2
 days

Jury Composition:

4 male/ 4 female

Editor’s Comment:

This report is based on information gleaned from court documents. Information was also provided by plaintiff’s counsel, defense counsel and counsel for the third-party defendants.