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Local Excavator and Driver Exonerated in Accident Case

In June 2017, Mitchell Gallagher Attorney Gary Weber secured a defense verdict for a local excavator in a Luzerne County jury trial.

dump truckThe case arose from a horrific motor vehicle accident occurring on State Route 118, in Columbia County.  At the time, the defendant's dump truck was turning from a private drive onto Rt. 118, with a load of shale. At the same time, plaintiff was driving his automobile on Rt. 118, passing another car and approaching the intersection with the private drive. The automobile was unable to stop, and slammed into the side of the truck, resulting in severe damage to both vehicles. Plaintiff driver sustained very significant injuries and substantial medical bills.

During the four day trial, plaintiff tried to prove that the excavator was negligent for not posting "Road Work Ahead" signs, and that the driver of the dump truck pulled onto the road with out proper care.

The defense was able to prove, with accident reconstruction experts, that plaintiff was driving his vehicle at the rate of 89 mph until about 3 seconds before the impact. That left insufficient site distance for the truck driver to observe the oncoming automobile and avoid the impact.

The jury sided with the defendants, finding that the plaintiff's own negligence was the cause of the accident and his injuries.

  • Drumheller vs. Knorr