Going to trial on Monday!!

Need your thoughts.. please.

Will donate $5 per opinion to the Schiff liver Foundation.

thanks in advance>

Amy

 

 

 

 

Plaintiffs are four members of the Wrigly family.

 

The Wrigleys were westbound, headed for a family Christmas party, on a two-lane paved highway.  Conditions were icy.  Defendant Mr. Champs, also driving westbound, and ahead of the Wrigleys, went out of control and spun into the eastbound lanes, hitting another car.  An eastbound gasoline tanker truck, owned by Acme Transportation and operated by  Mark, was traveling eastbound.  The brakes on the truck were not properly adjusted.  The tanker truck was empty, which causes the tanker truck to have less traction.  The driver had been exceeding maximum work hours in four of the prior five days but was within maximum hours on this day.  Standards taught to professional truck drivers include not going into the oncoming lane of travel in an emergency situation.

 

 The defense will show that the gasoline tanker truck was faced with an emergency and did the best it could.  The tanker truck contends it acted in the most prudent manner when confronted with the Champs vehicle blocking his lane and another vehicle on the shoulder of the eastbound lane. 

 

However, the tanker truck must overcome some testimony that it was driving too fast for conditions and was picking up speed as it was coming down a hill, had faulty brakes, and according to driving techniques for professional drivers, should never pull into the oncoming lane of travel. 

 

The truck driver claims he was going at an appropriate speed for the conditions.  The Wrigley claim that he was coming down an incline and traveling at a higher rate of speed than permitted by the conditions.  Two witnesses who were traveling in a pickup in front of the truck saw the truck speeding down upon them prior to Mr. Champs crossing into the eastbound lanes.

 

Dena Wigley, (the driver and wife/mother of the Wrigley family), seeing Mr. Champs lose control, slowed her vehicle and pulled to the right and onto the westbound shoulder, bringing her vehicle to a complete stop.  The gasoline tanker truck hit its brakes, which pulled the vehicle to the left.  In an apparent attempt to avoid the Champs vehicle now stopped in the eastbound lane, he steered into the westbound lane.  There was a car stopped on the eastbound shoulder, and an open field to the right of the eastbound shoulder.  However, he struck and dragged the Champs vehicle with him as he continued into the westbound lane.

 

After crossing into the westbound lane he continued toward the shoulder of the roadway and crashed into a guardrail and then the Wrigley vehicle head-on.  The crash  , destroyed the Wrigley vehicle and causing great injury to the Wrigley family.

 

Medical bills for the Wriglery family are $400,000.  Past loss of income is $25,000.  The injuries to Rick and Katie are permanent.  The case has a value of $5 to $8 million.  The gasoline tanker truck does not dispute the damages, but believes it has no liability because it was faced with an emergency.

 

 

 

Mom/wife Dena was driving.  Her injuries include chest wall contusion, deep laceration of right knee, bilateral knee injuries with tendon/ligament damage, severe chest pain, atelectasis in the lower left lung, neck injury, hematoma of right breast from the seat belt, permanent scarring and disfigurement to chest and right breast, mental and emotional trauma, internal derangement right knee for which she underwent a right knee arthroscopy and a fractured tooth.

 

Dad/husband Riley was a front seat passenger.  His  injuries include right femoral neck fracture, right acetabular fracture dislocation, right tibial fracture, right midshaft femur fracture, ruptured patellar tendon, right great toe fracture, right inferior-pole patellar fracture, severe blood loss requiring transfusion, pulmonary collapse, distended abdomen, bleeding in urogenital system, psychological trauma, infection of right knee, permanent limp, permanent scarring and disfigurement.

 

Daughter Kelly age 19,  injuries are collapsed right lung with moderate hemothorax and right pulmonary artery contusion, lacerated spleen, avulsed right kidney with shattered renal artery, abdominal wall deficit with herniation of cecum and descending colon into the subcutaneous fat, fracture of 11th rib, right pulmonary artery contusion, flank hernia, spinal fracture at T12-L1, acute blood loss requiring several transfusions, large left pleural effusion with underlying area of atelectasis; internal bleeding, large 5-6 inch bruise on the left and front of chest, infection of internal injuries requiring drainage and antibiotics, small bowel obstruction and formation of abdominal abscess, large abdominal scarring, mental and emotional trauma.  Kelly also suffers from PTSD.

 

Son Rich, age 17, had relatively minor injuries.

 

 

Medical bills for the Wrigly family are $400,000.  Past loss of income is $25,000.  The injuries to Riley and Kelly are permanent.  The case has a value of $5 to $8 million.  The gasoline tanker truck does not dispute the damages, but believes it has no liability because it was faced with an emergency: