Vehicle slides on diesel fuel leaked by tractor-trailer: Failure to notice leak: Respondeat superior: Brain injury: Verdict

Law Reporter, Dec 2001

Janow ro. Great Coastal Express Inc., Va., Richmond City Cir. Ct., No. LF-2874-3, June 21, 2001.

Janow, 57, was a passenger in a car traveling on a highway. A tractor-trailer ahead of the vehicle leaked diesel fuel onto the road. The vehicle's driver lost control in the spill, causing a collision. Janow suffered a mild traumatic brain injury and neck, back, and rib injuries. Her medical expenses totaled $15,000.

A special education teacher, Janow missed about three months of work. Her lost wages were $25,000. She had earned a law degree and had planned to practice law full time after retiring from teaching. Due to her injuries, she will not be able to do so.

Janow sued the tractor-trailer driver's employer, alleging it was responsible under respondeat superior for its driver's negligence in failing to notice the leak.

A jury awarded plaintiff $5.2 million.

Plaintiff's experts included Barry Lorinstein, neuropsychology; William J. Walsh, orthopedic surgery; and Mary Beth Walsh, physiatrics, all of White Plains, N.Y.; Yves LeBrun, neurology, Stamford, Conn.; and Roland A. Ruhl, trucking issues, Phoenix, Ariz.

Defendant's expert was David X. Cifu, physiatry, Richmond, Va.

Plaintiff's Counsel

*Stephen M. Smith, Hampton, Va.

*Edward E. Scher, Richmond, Va.