Intersection collision: Excessive speed; respondeat superior: Wrongful death: Verdict

Law Reporter, Aug 1999

Intersection collision: Excessive speed: Respondeat superior: Wrongful death: Verdict.

Williams v. Southeastern Pa. Transp. Auth., Pa., Philadelphia County C.C.P., No. 2540, Aug. 13, 1998.

Williams was driving through an intersection when his car was broadsided by a Southeastern Pennsylvania Transportation Authority (SEPTA) bus driven by Cobb. Williams, 52, suffered fatal injuries. He had been a carpenter and handyman earning about $15,600 annually and is survived by his wife and five children.

Williams's wife, individually and on behalf of the estate, sued Cobb, alleging he had (1) failed to heed a red light, (2) entered the intersection without stopping or slowing, and (3) been traveling at least ten miles over the speed limit. Plaintiffs also sued SEPTA under respondeat superior.

Defendants alleged Williams-not Cobb-had been speeding and had failed to heed a red light.

The jury awarded about $1.65 million, reduced 40 percent for Williams's negligence. The final amount was reduced to SEPTA's statutory cap of $250,000 for the wrongful death action and $250,000 for the survival action plus delay damages on the total verdict.

Plaintiffs experts were Andrew Verzilli, economics, Kintersville, Pa.; Richard Greenberg, trauma surgery, Malverne, Pa.; and Lance Robson and Thomas Lacek, both accident reconstruction experts from Lancaster, Pa. Defendants' experts were Elizabeth Genovese-Stone, internal medicine, Bala Cynwyd, Pa.; and Norman Marcus, accident reconstruction, Rydal, Pa.

Plaintifs' Counsel

*Carole F. Kafrissen, Philadelphia, Pa.