Truck runs over woman: Inadequate lighting: Wrongful death: Verdict

Law Reporter, Aug 2003

Shaw v. Northridge Enters., L.P., Pa., Allegheny County C.C.P., No. G.D. 02-2929, Feb. 3, 2003.

Shaw, 55, was returning from a smoking break at a truck terminal where she worked a night shift. Employees were required to cross the terminal yard and exit the facility gate to smoke. A truck driver who worked for Shaw's employer ran over her, causing fatal injuries. Shaw had been a billing department employee earning approximately $24,000 annually. She is survived by two adult children and three minor grandchildren.

Shaw's daughter sued the property owner, the trucking company, and the truck operator, alleging negligence in failing to provide adequate lighting and traffic controls in the terminal yard. The claims against the trucking company and truck operator were dismissed based on a workers' compensation immunity. The property and trucking company were owned by the same family. Defendant property owner argued that it should not be liable, because it leased the property to the trucking company.

A jury awarded approximately $2.74 million, including $2.5 million for wrongful death and $240,000 for survivorship, against the property owner.

Plaintiff's expert witnesses in this case were Steven M. Schorr, traffic engineering, Philadelphia, Pa.; Karl E. Williams, forensic pathology, Pittsburgh, Pa.; and Jay K. Jarrell, economics, Pittsburgh, Pa.

Defendants' expert in this case was Norman S. Abramson, medicine, Pittsburgh, Pa.

Plaintiff's Counsel

*Alan H. Perer, Pittsburgh, Pa.