Pennsylvania Verdicts

Plaintiff(s):

Lisa Darrah (Female, 42 Years), 

Samuel Russo (Male, 44 Years)

Plaintiff Attorney(s):

Michael Balzarini;
Balzarini & Watson;
Pittsburgh,
PA,
for
Lisa Darrah, Samuel Russo

Plaintiff Expert(s):

W. Ward;
M.D.;
Orthopedic Surgery;
Pittsburgh,
PA called by
Michael Balzarini ■ Michael Hilton;
M.D.;
Emergency Medicine;
Pittsburgh,
PA called by
Michael Balzarini

Defendant(s):

Geri Croft, 

A Action Sanitation LLC, 

Estate of Thomas J. Goessling

Defense Attorney(s):

None reported;

for
Geri Croft, A Action Sanitation LLC, Estate of Thomas J. Goessling

On Nov. 20, 2009, plaintiffs Lisa Darrah, 42, and Samuel Russo, 44, were passengers in a 1998 407 International Harvester truck driven by Thomas Goessling, who was traveling on McCalmont Road, in Butler Township. The truck was owned by A Action Sanitation LLC. Darrah had assumed ownership of A Action Sanitation following the death of her husband. The company pumped septic waste from residential septic tanks in Allegheny and Butler counties. Darrah claimed that, because she did not know how to operate the sanitation truck, which was used to collect and haul the waste to a disposal site, she retained the services of Goessling, who had the required license, and reportedly claimed to have experience operating that type of truck. Russo, Darrah’s brother, went along to assist Darrah in servicing customers’ septic tanks. Darrah claimed that the sanitation truck began to ascend a steep hill on McCalmont Road; the vehicle was fully loaded, having just serviced a septic system at a farm. At the bottom of the long downgrade was a railroad crossing followed by a sharp left turn. The roadway configuration is reportedly clearly marked for several hundred feet before the curve with a "Caution 15 MPH" sign. According to Darrah and Russo, Goessling was traveling substantially faster than the 15 MPH speed limit, and the truck began to overturn on the curve, then went off the road and rolled. Darrah suffered spinal injuries that resulted in paraplegia, and Russo sustained face and head injuries. Goessling died in the accident. Post-accident, it was determined that the truck’s rear brakes were out of adjustment. Darrah and Russo sued the estate of Goessling and A Action Sanitation, alleging negligence. Plaintiffs’ counsel contended that, as a skilled truck driver, Goessling was obligated, before using the truck, to inspect it and ensure the brakes worked properly. The defendants initially retained counsel, but their counsel withdrew prior to trial. The court entered a default judgment against defendants, and the case was tried on the issues of causation and damages.

Plaintiffs were taken by ambulance to a hospital. Russo was diagnosed with multiple rib fractures, a mandible fracture, right and left Le Fort fractures, and a hematoma. He immediately underwent multiple open reduction and internal fixation surgery for his facial fractures. He sought unspecified damages for past and future pain and suffering. Darrah was diagnosed with a T4 fracture, a scalp hematoma, a subdural hematoma, and a right clavicular fracture. She had surgery in an attempt to repair her spinal fracture, but the operation was unsuccessful in warding off paralysis. Darrah further received a carpal tunnel release and open reduction and internal fixation surgery. She also suffered respiratory failure (which required a tracheostomy), pneumonia, deep vein thrombosis, and depression. Darrah sought unspecified damages for past and future pain and suffering.

Following a bench trial, the court found in favor of Darrah and against the estate of Goessling for $3.5 million, and in favor of Russo and against the estate for $1 million. According to the judge, each award was made against Geri Croft, as administratrix of Goessling’s estate, only. Each award was for non-economic damages and for loss of future income. No award for medical expenses was made. The court dismissed all claims against A Action Sanitation.

Judge:

Robert J. Colville

Trial Length:

1
 days

This report is based on court documents and on information that was provided by plaintiffs’ counsel. Defendants were not asked to contribute.