Intersection collision: Improper turn at red light: Vicarious liability: Head injuries: Facial paralysis: Verdict

Law Reporter, May 1999

Klinefelter v. Faultersak, U.S. Dist. Ct., E.D. Pa., No. 98 CV 909, Dec. 11,1998.

Klinefelter, 69, was a passenger in a northbound car when a southbound driver turned left against the light, causing a collision. Klinefelter suffered severe head injuries requiring two surgeries, facial paralysis, inner ear injuries resulting in hearing loss and balance dysfunction, dementia, and depression. His medical expenses totaled about $112,000. A retiree at the time of the accident, he is now unable to live independently.

Klinefelter sued the southbound car's driver, alleging he had improperly turned at a red light. Plaintiff also sued the car's owner, alleging vicarious liability for the negligence of the driver. Defendants alleged the driver of the car in which plaintiff was riding had been inattentive to traffic conditions.

The jury awarded $4 million, finding defendants jointly and severally liable.

Plaintiff's experts were Karen Wilhelm, neuropsychology, Raleigh, N.C.; Arlene Sloane, life care planning, Ocean View, Del.; and Laszlo Geder, neurorehabilitation, Hershey, Pa.

Defendants' experts included Theodore H. Sawyer, disability management, Raleigh, N.C.; Jeffrey Yablon, neurosurgery, Downingtown, Pa.; and Joyce E. Masters, life care planning, Mechanicsburg, Pa.

Plaintiff's Counsel:

John D. Briggs, York, Pa.

[Documents in this case are available through the Court Documents section in the back section of this issue, courtesy of Mr. Briggs. ]