Pennsylvania Verdicts

Amount:

$1,440,235.83

Type:

Verdict-Plaintiff

State:

Pennsylvania

Venue:

Federal

Court:

U.S. District Court, Western District of Pennsylvania, Pittsburgh

Injury Type(s):

Case Type:

Motor Vehicle – Rear-ender, Multiple Impact, Tractor-Trailer, Multiple Vehicle, Negligent Entrustment

Case Name:

Peter W. Keifer, Ruth C. Keifer, and YRC Inc. v. Reinhart Foodservices LLC, Reinhart Transportation LLC, Scott Matheney, Werner Enterprises Inc. a/k/a & d/b/a Werner Trucking, and Joel Balthazar / Scott E. Matheney v. Joel Balthazar and Werner Enterprises Inc. t/d/b/a Werner Trucking,
No. 2:09-cv-01187-JFC; 2:09-CV-01558-JFC

Date:

October 19, 2012

Plaintiff(s):

YRC Inc. , 

Ruth C. Keifer (Female), 

Peter W. Keifer (Male, 61 Years), 

Scott E. Matheney (Male, 30 Years)

Plaintiff Attorney(s):

Wayne A. Schaible;
McCann Schaible & Wall, L.L.C.;
Philadelphia,
PA,
for
Ruth C. Keifer, Peter W. Keifer ■ Mark J. Homyak;
The Homyak Law Firm;
Pittsburgh,
PA,
for
Scott E. Matheney ■ David A. Young;
Dell, Moser, Lane & Loughney, LLC;
Pittsburgh,
PA,
for
YRC Inc.

Plaintiff Expert(s):

Robert Kaufmann;
M.D.;
Hand Surgery;
Pittsburgh,
PA called by
Mark J. Homyak ■ Augusto Figueroa;
M.D.;
Neurosurgery;
Cumberland,
MD called by
Wayne A. Schaible ■ Michael Munin;
M.D.;
Physical Medicine;
Pittsburgh,
PA called by
Wayne A. Schaible ■ Michael Sutton;
;
Accident Investigation & Reconstruction/ Failure Analysis/Product Liability;
Cary,
NC called by
Wayne A. Schaible ■ Raymond Drapkin;
M.D.;
Orthopedic Surgery;
Laurel,
MD called by
Wayne A. Schaible

Defendant(s):

Joel Balthazar, 

Scott Matheney, 

Werner Enterprises Inc., 

Reinhart Foodservices LLC, 

Reinhart Transportation LLC

Defense Attorney(s):

John T. Pion;
Pion, Johnston, Nerone, Girman, Clements & Smith, P.C.;
Pittsburgh,
PA,
for
Joel Balthazar, Werner Enterprises Inc. ■ Paul R. Robinson;
Meyer, Darragh, Buckler, Bebenek & Eck, P.L.L.C.;
Pittsburgh,
PA,
for
Scott Matheney, Reinhart Foodservices LLC, Reinhart Transportation LLC ■ Michael F. Nerone;
Pion, Johnston, Nerone, Girman, Clements & Smith, P.C.;
Pittsburgh,
PA,
for
Joel Balthazar, Werner Enterprises Inc.

Defendent Expert(s):

Mark Edwards;
Ergonomics/Human Factors;
Melbourne,
FL called by
John T. Pion ■ Sean Doyle;
Accident Reconstruction;
Akron,
OH called by
Paul R. Robinson ■ Steven Rickard;
Accident Reconstruction;
Harrisburg,
PA called by
John T. Pion

At approximately 4:30 a.m. on April 23, 2008, plaintiffs Peter Keifer, 61, and Scott Matheney, 30, both truck drivers, were involved in a multiple-vehicle collision on the Pennsylvania Turnpike in Cranberry Township. Joel Balthazar was hauling a cargo carrier on a flat-bed trailer attached to a tractor owned by Werner Enterprises Inc. Balthazar, a new driver, was accompanied by his trainer. Balthazar briefly pulled his tractor-trailer onto a pull-off area along the road in order to defrost his windshield. After clearing the windshield, he drove the tractor-trailer back onto the turnpike and proceeded to drive down the right westbound lane. As Balthazar was driving back onto the turnpike, Matheney was operating a tractor-trailer owned by Reinhart Foodservices LLC in the right westbound land. The tractor driven by Matheney was pulling two fully loaded tandem trailers at 65 mph. Shortly before 4:30 a.m., the front of Matheney’s tractor collided with the rear end of the trailer being pulled by Balthazar. The trailers attached to Matheney’s tractor separated and rolled onto their left sides. The second trailer slid into the left lane of the turnpike, causing both westbound lanes to be blocked. When the collision occurred, Keifer was traveling west in a tractor owned by Roadway Express. His tractor was pulling a fully loaded trailer weighing between 25,000 and 30,000 pounds at the approximate rate of 62 mph. The tractor driven by Keifer crashed into the second trailer owned by Reinhart, which was blocking both westbound lanes of the turnpike. Keifer suffered two right-leg fractures, internal injuries and a subdural hematoma. Matheney sustained a comminuted wrist fracture. In separate suits (which were later consolidated for trial), Keifer sued Reinhart, Matheney, Werner and Balthazar; and Matheney sued Balthazar and Werner. YRC Inc., Keifer‘s employer, later became an intervening plaintiff, seeking to recover workers’ compensation benefits. The trial was bifurcated. In phase one, the claims that were tried included the alleged negligence against Matheney and Balthazar in causing Keifer‘s injuries, the alleged contributory negligence of Keifer in causing his own injuries, the alleged negligence of Balthazar in causing Matheney’s injuries, and the contributory negligence of Matheney in causing his own injuries. Prior to the closing arguments in phase one of the trial, Keifer withdrew his claim for negligent entrustment against Reinhart; the claim, which was for punitive damages, was to be tried separately. Counsel for Keifer argued that Balthazar improperly pulled onto the highway as Matheney approached him, thereby failing to yield to Matheney. Keifer‘s attorney maintained that Matheney failed to avoid the collision with Balthazar’s trailer and should have been able to stop in time. Keifer‘s accident-reconstruction expert opined that Matheney’s double trailers were lying in a position in which its underbelly faced Keifer at the time of collision. Because the underbelly of the double trailers was unlit and dark (which faced oncoming Keifer), coupled with the roadway’s lack of illumination, Keifer was unable to see and avoid the accident, the expert concluded. The defense for Balthazar and Werner contended that the collision was the fault of Matheney because he struck Balthazar’s trailer from behind. Balthazar and Werner’s experts in accident reconstruction and conspicuity (ergonomics/human factors) both testified that Matheney should have seen Balthazar’s trailer in time in order to avoid the collision. Counsel for Matheney and Reinhart faulted Balthzar for pulling onto the highway in front of Matheney’s approaching tractor-trailer, thereby preventing him to avoid rear-ending Balthazar’s trailer. This theory was supported by Matheney and Reinhart’s expert in accident reconstruction, who opined that Keifer should have avoided striking Matheney’s downed trailers.

Keifer was airlifted to a hospital where he underwent an emergency laparotomy to repair internal bleeding in his abdomen, including a severed mesenteric artery. He also underwent open reduction internal fixation to repair fractures (one near the knee, the other near the ankle) in his right tibia. After a week in the hospital, Keifer, who was also diagnosed with a subdural hematoma, was transferred to a rehabilitation facility where he spent the next two weeks recuperating. He was discharged home to Maryland and began a course of outpatient therapy. Several weeks later, Keifer, while doing therapy, became dizzy and was rushed to a hospital, where it was determined that a subdural hematoma recurred and a craniotomy was performed. He was discharged a few days later and resumed rehabilitation. On Oct. 26, 2008, after being examined and approved by his employer’s physician, Keifer returned to full-duty work as a truck driver. He continued driving for the next four years, until he reportedly took an early retirement at age 65. YRC sought to recover a workers’ compensation lien in the amount of $284,552. In his videotaped deposition, the physiatrist who treated Keifer upon admission and coordinated his care, talked in detail about the surgeries Keifer underwent. As to the laparotomy, Keifer had to have a hole in his colon patched, according to the doctor. Keifer‘s treating neurosurgeon discussed via video how the subdural hematoma manifested weeks after the accident and necessitated a craniotomy. In his videotaped deposition, Keifer‘s workers’ compensation physician talked about Keifer‘s progress and how he was able to return to work, saying that even though he was not disabled from working, he was not able to function without pain. The physician opined that the accident caused Keifer to suffer from traumatically induced arthritis in his right knee, which will only progress over time, and that the surgical hardware in his leg will remain indefinitely. Keifer testified that he experiences constant pain and discomfort in his leg and walks with a limp. In addition, he suffers from tinnitus (constant ringing in the ear) which bothers him the most when he is trying to fall asleep. He sought to recover an unspecified amount in non-economic damages for past and future pain and suffering. His wife also had a claim for loss of consortium. Matheney sustained a comminuted wrist fracture that necessitated surgery and physical therapy. H Matheney’s treating surgeon testified that he has permanent limitation of wrist motion. Matheney claimed this limits him from engaging in recreational activities such as ice hockey and golfing. Matheney sought to recover $128,542.44 in past medical expenses and $32,235.33 for six months of missed work. He also sought to recover an unspecified amount in non-economic damages for past and future pain and suffering.

The jury found Balthazar and Matheney each 50 pervent negligent. It found that Keifer was not negligent. Keifer and his wife were awarded $972,905.95 and YRC was awarded $284,552.11. Matheney was awarded $182,777.77, which was accordingly reduced to $91,388.88.

YRC Inc.$284,552 Personal Injury: workers’ compensation lienPeter W. $45,000 Personal Injury: Future Medical Cost$325,000 Personal Injury: FutureLostEarningsCapability$522,906 Personal Injury: pain and suffering/past lost earningsRuth C. $80,000 Personal Injury: loss of consortium

Judge:

Joy Flowers Conti

Demand:

$1,200,000 (on behalf of all plaintiffs)

Offer:

$125,000 (on behalf of Werner Enterprises Inc.)

Trial Length:

14
 days

Trial Deliberations:

7
 hours

Post Trial:

The defense challenged the jury’s awards for future wage loss and future medical expenses. The court upheld ‘s award of $325,000 in future lost wages, but it struck down his award for $45,000 in future medical costs. ‘s counsel plans to file a motion to appeal the judgment if the defense motions to appeal the award for future lost wages.

This report is based on information that was provided by counsels for the Keifers and Matheney (both as plaintiff and defendant). Counsels for the other parties did not respond to the reporter’s phone calls.