$900,000 Settlement to Luzerne County Man in 2009 Truck Crash
By Dean I Weitzman, Esq. on April 25th, 2015
A Luzerne County man who suffered serious neck and back injuries when his pickup was hit by a commercial truck in November 2009 will receive a $900,000 settlement from the company that owned the truck.
Michael Spadine was driving on Cherry Street in Montrose, Luzerne County, on Nov. 3, 2009 when his pickup truck was struck by a Linde Enterprises Inc. commercial truck being driven by employee Richard Kemmerer, according to a March 28 story in The (Scranton) Times Tribune newspaper. Kemmerer was driving under the influence of alcohol at the time of the crash and had a blood alcohol level of 0.225, which is more than three times the legal limit, according to the story. Kemmerer left the scene after the crash but was apprehended later by Montrose police, the report continued. Linde Enterprises is a contracting company based in Pittson, Pa.
Spadine was seriously injured in the crash, suffering disc protrusions to his neck and back. The case was heard in the Luzerne County Court of Common Pleas.
In 2011, Spadine and his wife, Jennifer, sued Linde and Kemmerer for damages related to the crash, alleging that Kemmerer was driving a company-owned vehicle within the scope of his employment while he was drunk, causing the collision, the paper reported.
Kemmerer, of Sweet Valley, had pleaded guilty to driving under the influence in Susquehanna County Court in December 2009, the story reported, and was sentenced to six months of probation and fined $350.
Spadine’s injuries included cervical and lumbar radiculopathies, mainly to the left side of his body, according to an April 14 story in The Legal Intelligencer. An MRI revealed disc bulging and protrusions of the lumbar spine and disc protrusions of the cervical spine, leaving him disabled and unable to return to work as a tree surgeon, the story reported.
A jury deliberated for five hours after hearing the case and returned a verdict for the plaintiffs but a settlement was reached while the jury was deliberating, according to reports.
These kinds of tragic legal cases occur every day when innocent victims are severely hurt or killed in vehicle crashes through no fault of their own due to the actions, inattentiveness or indifference of others. That’s why it is critical to have a legal team on your side that uncovers every fact to bolster your case and maximize your damage award.
We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a vehicle incident or accident anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.
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