$10.5 Million to Woman Severely Injured in 2005 Vehicle Collision

January 5, 2012 14:08 by TakeDaRisk



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The crash that almost killed Linda Magyary was violent. Now, 6 1/2 years after Linda Magyary's vehicle was hit by a DHL package delivery truck driven by DHL driver Susan McKinley, Ms. Magyary finally received justice in the form of a settlement agreement under which defendants DHL Express, Consolidated Deliveries & Logistics and other defendants have agreed to pay the plaintiff $10,500,000. On the morning of May 23, 2005, Ms. Magyary's car was struck by Susan McKinley's package delivery truck in Lancaster, California. Ms. McKinley ran a red light while travelling over 50 mph and struck the front-passenger side of Magyary's car while Magyary was waiting to make a left turn.
 
Ms. Magyary was trapped in her car for 10-15 minutes before she was extricated and airlifted to the hospital. She lost consciousness and remained in a coma for several days after the crash. She was initially hospitalized for over two weeks and then went between the hospital and a skilled nursing facility for another month. Eventually, Ms. Magyary was discharged to intensive home health care, living assistance and physical therapy. At the time of the crash, the defendant McKinley was in a DHL uniform driving her delivery truck that was used to deliver DHL packages.
 
The investigating Sheriff's Deputy who accompanied McKinley to the hospital after the crash testified that McKinley admitted to smoking marijuana the morning of the crash. At the time of the crash, Ms. McKinley was on her way to the "CD&L" station in Lancaster, California, where all DHL packages that either went to or left the Antelope Valley were sorted and processed for delivery.
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5. January 2012 14:08 by TakeDaRisk | Permalink

Montana Jury Awards $2M in Injury Lawsuit Against Railroad

December 11, 2011 14:10 by TakeDaRisk



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A jury has awarded a Burlington Northern Santa Fe Railway employee $2 million in a lawsuit over a 2001 back injury that required surgery and causes chronic pain. The jury returned the verdict Friday after a trial before District Judge Gregory Todd.

Attorney Russell Yerger says Chad Silliker was working in Whitefish in September 2001 when he tripped on a radio handset cord and fell down three steps. Silliker sued BNSF in 2007. Before trial, Todd ruled the railroad could not argue that Silliker contributed to his injury because a trainmaster inadvertently threw away the handset in the years between the injury and when the lawsuit was filed.
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11. December 2011 14:10 by TakeDaRisk | Permalink

$265,000 to a stay-at-home mother for injuries she sustained on the woman's all- terrain vehicle

November 12, 2011 14:40 by TakeDaRisk



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The settlement was reached on the first day of mediation. Dawn Videmschek, of Kirkwood, was a passenger on an ATV operated by Deana Brewington, of Fredericktown, on May 16, 2009. They were participating in a charity ATV ride near Fredericktown when Brewington made a sharp right turn and lost control of the vehicle, causing it to overturn and injure both women. Videmschek sued Brewington in October 2010 in Madison County Circuit Court, alleging that Brewington was negligent in operating the vehicle at an excessive speed and without keeping a proper lookout. According to Videmschek's petition, she suffered injuries to her right leg and hand that resulted in medical costs of about $140,000 and were likely to require additional medical expenses and the potential for lost wages.

In her answer, Brewington denied the negligence claims. As an affirmative defense, she argued that Videmschek should have known that Brewington was inexperienced at driving ATVs and that such vehicles can become unstable during turns. She argued Videmschek assumed the risks associated with riding on the ATV. With retired state appellate Judge Stanley Grimm mediating, the sides reached a pretrial settlement on Aug. 8, in which State Farm, Brewington's insurer, paid Videmschek $265,000 in return for a release from all liabilities arising from the accident. The settlement also bound Videmschek to cooperate in any future lawsuit that Brewington or her insurer might bring against the ATV maker.
Categories: Injury Settlement Stories | Lawsuits

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12. November 2011 14:40 by TakeDaRisk | Permalink

$3.2 million to plaintiff as law firm today announced that a wrongful death settlement was reached last week

October 21, 2011 09:17 by TakeDaRisk



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A law firm today announced that a wrongful death settlement was reached last week, awarding $3.2 million to plaintiff Na Zhang in a lawsuit previously filed in Riverside County Superior Court . The settlement stems from an incident that occurred in the early morning hours of October 19, 2009, when the plaintiff’s husband, Tangyuan Cao, 33, was stopped in the number one lane of westbound State Route 60, near Country Village Rd, in Riverside County, CA.  Cao’s disabled vehicle was struck from behind at approximately 100 MPH by the defendant’s company-provided pickup truck. As a result of the impact, Cao suffered multiple blunt force injuries and died at the scene of the collision.

According to the lawsuit, moments before the collision, other motorists and witnesses were able to take appropriate evasive action to avoid colliding with Cao’s disabled vehicle. The California Highway Patrol officer investigating the collision found the driver of the pickup truck that struck Cao’s vehicle to be the primary cause of the collision, and noted his violation of California Vehicle Code Section 22350, which states: “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”  
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21. October 2011 09:17 by TakeDaRisk | Permalink

Buffalo New York Courts Award Record Injury Settlement for $66 Million

September 8, 2011 13:02 by TakeDaRisk



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A State Supreme Court jury in Buffalo has awarded a Cheektowaga woman a record $66 million award for an injured that left her paralyzed. 30-year old Natalie Barnhard had testified in an eight week trial that reviewed the design and operation of an exercise machine that fell on top of her, causing her injury six year's ago.

The jury award is believed to be the largest personal injury settlement in Western New York judicial history. Barnhard sustained her grave injuries on October 22, 2004, when a 608-pound Cybex leg extension machine toppled onto her at Amherst Orthopedic Physical Therapy PC, where she was employed.

http://www.publicbroadcasting.net/wbfo/news.newsmain/article/1/0/1735415/WBFO.News/.Cheektowaga.woman.awarded.record.amount.in.injury.case

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8. September 2011 13:02 by TakeDaRisk | Permalink

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