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Negligent Security Seminar | March 2015

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$7,400,000 verdict – Trucking crash results in amputated leg (Osceola County, FL)

Kevin Erb was a master boat builder for a major marine manufacturer in Central Florida.  Each day he picked up co-workers early in the morning and drove to work.  Kevin loved what he did, and was considered a top employee.  He also loved going out on his boat and spending time with his wife and family.

That all ended the day a big rig truck hit him while he was on his way to work.

Leighton Law’s John Elliott Leighton won a $7,400,000 jury verdict on behalf of Kevin, whose leg was amputated following a crash with a semi-tractor trailer. Early that day there had been some controlled fires in the area.  On top of that, there was early morning fog, which had the effect of trapping the smoke as well as the fog, greatly reducing visibility.

Although the truck driver had been advised on his CB radio by other truckers that visibility was near zero, the trucker did not reduce his speed or pull over.

The semi-truck crossed into oncoming traffic after this smoke and fog had created a “zero visibility condition” on a major roadway.  When he lost visibility, the trucker claimed he attempted to slow and pull off the roadway, but had no idea where he was and instead his rig ended up in the median, which caused a loss of control in the grass. He then continued up and into oncoming traffic.  A number of other vehicles crashed due to the loss of visibility, which was due to a fire burning a mile away which had produced enormous smoke and combined with early morning fog.   Erb v. Peninsula Logistics, Inc. and Loran Smith, Case No. 12 CA 1509, Osceola County Circuit Court.

At trial Mr. Leighton demonstrated that Kevin’s life has been shattered by these injuries.  Testimony by a life care planner and forensic economist helped the jury understand the extent of the losses.  Yet Kevin never complained.  He made the best of a bad situation and maintained a positive outlook despite the loss of his leg and other orthopedic injuries.

Th resulting recovery for the Erbs helped them maintain a sense of financial security to make up for the injuries and loss of his occupation.  Kevin was able to obtain top flight prosthetics to allow him to walk again with an artificial leg.

 

Disclaimer: The information about past verdicts and settlements of the firm’s cases are based on the unique facts of each case. These amounts reflect the gross recovery in each case (before attorneys fees, expenses and medical costs are deducted). Although these results were obtained by our firm, they may not indicate the success or value of any other case. By clicking on Verdicts and Settlements you are acknowledging that each case is unique and must be evaluated on its own merits. The information contained here has not been reviewed or approved by The Florida Bar.

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