Truck collides with van: Driving while fatigued: Wrongful death: Brain injury: Multiple fractures: Settlements

Law Reporter, May 2002

Schreiner v. Continental Wholesale Florists, Inc., U.S. Dist. Ct., D.N.J., No. 1783; N.J., Camden County Super. Ct., No. CAM-L-2820-00, Jan. 4,2002.

Schreiner, 47; his wife, 45; and their four children, ages 13, 16, 18, and 21, were traveling south on a highway. A truck that had been stopped along the shoulder reentered the highway directly in front of Schreiner's vehicle, causing a collision.

Schreiner suffered fatal injuries. He had been an engineer earning $50,000 annually. He is survived by his wife and four children.

Schreiner's wife suffered a brain injury and fractures to her legs, ribs, and jaw. Her medical expenses totaled $154,000. A full-time homemaker, she did not incur lost income.

The children suffered emotional distress.

Schreiner's wife, on behalf of Schreiner's estate, sued the truck driver and his employer in federal court. In addition, Schreiner's wife and children sued defendants in state court. Plaintiffs claimed the driver was negligent in driving while fatigued. Suit against the employer was based on a respondeat superior theory of liability and negligent training and supervision.

Plaintiffs' state survivor suit settled for $4.63 million, and the estate's federal suit settled for $2.5 million, for a total of about $7.13 million. The trucking company paid the entire amount. Schreiner's wife received $3.5 million, his estate received $2.5 million, and the remaining $1.13 million will be divided equally among the four children.

Plaintiffs' experts included Robert Voogt, life care planning, Virginia Beach, Va.; Fawsi Bayan, accident reconstruction, Annapolis, Md.; Art Atkinson, interstate trucking, Glendale, Ariz.; Steve Perkel, psychological damages, Cherry Hill, N.J.; and David Bunin, economics, Wynnewood, Pa.

Plaintiffs' Counsel

*Andrew J. Rossetti, Cherry Hill, N.J.

*Frank D. Allen, Haddonfield, N.J.