Case Note: Interstate Trucking Accident Paraplegia

Oppenheim v. Auto Truck Transport Corp., et al
Philadelphia CCP, April Term 2001, No. 2220

An experienced chemical engineer and lifelong school teacher, Mr. and Mrs. Oppenheim were traveling to Chicago in order to relocate during a sabbatical. While on an interstate in Indiana, they stopped on the shoulder of the highway to consult a map, and an auto truck transport vehicle plowed into the back and side of the Oppenheim minivan in a last minute attempt to exit the interstate. Mrs. Oppenheim was rendered a paraplegic and Mr. Oppenheim sustained serious injuries requiring hospitalization.

Golomb & Honik together with co-counsel represented the Oppenheims in suing the trucking company and its driver, both for compensatory and punitive damages in causing this accident. Discovery revealed that the truck driver had been exceeding the speed limit, had exceeded the permissible number of hours that a trucker can safely and legally operate on the road and was thus fatigued, and had failed in numerous respects to document his interstate travel as required under federal law. The trucking company was aware of these many failures.

Mrs. Oppenheim required round-the-clock care which was largely provided by her husband. With his wife confined to a wheelchair and facing the prospect of a long rehabilitative course without prospects of returning to her job as a teacher, Mr. Oppenheim was forced to retire from work in order to care for his wife. A life care plan projected medical and related needs in excess of $10 million.

The case was tried in the Court of Common Pleas in Philadelphia where plaintiffs' experts testified, with the help of computer generated animation to document the history and course of operation of the tractor trailer involved in this devastating accident. During the third day of trial defendants reached a global settlement with plaintiffs agreeing to pay a confidential eight-figure settlement.