Trucking Accident Results

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The following case examples and results are for informational purposes only. Past results cannot guarantee future performance. Any testimonial, endorsement, or result in any single particular case does not constitute a promise or guarantee regarding the outcome of any other case. The Boughter Law Office works aggressively to obtain the very best result for every client; however, each case is different with its own set of unique facts and the laws of the jurisdiction where the lawsuit must be filed. Likewise, results will always be different from case to case. For that reason, the result that the Boughter Law Office obtained in one case is in no way a guarantee that the same or similar result will occur in any future case.

$1.725 million

Trucking Accident

Recovery for the Estate of a woman whose vehicle was involved in a trucking accident.  Client sustained a neck injury and after conservative treatment failed she underwent neck surgery.  Unfortunately, the client suffered a dire complication following surgery, which was a known risk of the surgery that eventually led to her death.  Liability was seriously contested, especially in light of the fact that there was little property damage to the client’s vehicle.  The defense argued that an accident with so little damage could not have possibly led to such a catastrophic injury.  Nonetheless, through expert medical testimony, the Boughter Law Office was able to establish causation linking the trucking accident to the neck injury and surgery.  In addition, the Boughter Law Office presented a compelling video of the decedent’s widower, friends and the testifying medical expert.   


Premises liability/General Negligence

Combined settlement for a young man who suffered massive injuries, including a traumatic brain injury, following a hit and run accident after he was dropped off by a shuttle service owned by a well known club. The Boughter Law Office argued the club violated Indiana law by serving the young man while he was visibly intoxicated after purchasing 120 shots of alcohol. The Boughter Law Office was able to establish through discovery that the Defendants' own employee handbook failed to provide any guidance whatsoever to its employees regarding Indiana law which prohibits the selling of alcohol to visibly intoxicated persons. In addition, the Boughter Law office argued that the Club assumed a duty to safely transport the young man to his residence and not drop him off in the middle of a dark street while he was unable to care for himself due to his state of severe intoxication. The case was hotly contested with the Defendants retaining multiple lawyers from four different law firms throughout Fort Wayne and Indianapolis and included a separate declaratory action where the club's van insurer denied coverage and filed a Motion for Summary Judgment. The target defendant did not carry general liability insurance adding difficulty to the resolution of the case. Notwithstanding, nearly a dozen depositions were taken, including the van driver, a waitress, club security, and other club personnel. The Boughter Law Office retained a leading toxicologist from New York City to establish that the Plaintiff would have been exhibiting signs of intoxication well before being dropped off by the van and would have been unable to care for himself at the time he was dropped off. A physician from Indianapolis specializing in emergency medicine was retained to rebut any argument by the defense that Plaintiff's injuries could have occurred due to a third party criminal attack since no one had actually witnessed the young man being struck by a vehicle. An economic expert, vocational expert and life care planner were also retained to assist in the prosecution of Plaintiff's claims. Given the extensive work up of the case, Plaintiff's counsel was able to convince the van insurer to contribute substantially to the settlement of the claim. While the young man was uninsured at the time of the incident, the Boughter Law Office also successfully argued that his cousin's automobile insurance coverage applied because he resided with his cousin at the time of the incident. This resulted in a $100,000.00 settlement, representing full policy limits for uninsured coverage, under the cousin's automobile insurance policy. Notably, the Boughter Law Office was retained after a prominent Fort Wayne law firm was terminated by the Plaintiff as a result of their unsuccessful efforts in prosecuting the claim.


General Negligence and Workers’ Compensation

Recovery for a man who injured his back and suffered a broken wrist while working within the course and scope of his employment as a truck driver.  The client had picked up a load of baked goods from a local bakery.  As he climbed on back of the bakery’s trailer to secure the load, the canvas strap broke and the client fell off the rear of the trailer landing hard to the ground.  Multiple depositions of the defendant’s employees were taken that established a lackadaisical attitude towards safety.  The bakery employee, a supervisor, who oversaw the loading of the trailer at issue admitted in his deposition that if the trailers are loaded to the back door that this poses a danger to the drivers.  The Boughter Law Office retained a trucking expert, vocational expert, and medical expert, all of which fostered the winning result obtained.  In addition to the $500,000.00 recovery in the third party case, the Boughter Law Office recovered $200,000 for the client in his worker’s compensation case along with his TTD, medical, and waiver of the worker’s compensation lien bringing the total value in excess of $800,000.00.  


Wrongful Death/Workers’ Compensation

Wrongful death settlement for a 39 year old man killed when a lifting apparatus fell on him while he was working within the course and scope of his employment. While there was a significant dispute over whether the decedent failed to place pins in the apparatus, leading to the apparatus falling, the Plaintiff was able to demonstrate that within days after the accident the Defendant had come up with a new design, which did not require the use of pins. The defense argued this was a subsequent remedial measure and, therefore, inadmissible; however, the Boughter Law Office argued that it was, in fact, admissible to show the feasibility of the design concept. The Decedent was a Mexican national and being fluent in Spanish Mr. Boughter was able to communicate with the decedent's family in Mexico, which helped facilitate a fair and timely resolution of the family's claims.


Wrongful Death/Workers’ Compensation Case

Settlement in a wrongful death construction case. While working within the course and scope of his employment, a heavy equipment attachment fell on the decedent striking him in the head causing his untimely demise. The Boughter Law Office sued the general contractor, alleging that it failed to monitor the safety of its sub-contractors, which contributed to the accident. While the majority of the fault was likely to be attributed to the employer and there was a serious dispute over whether the claims would be dismissed as a matter of law, the Boughter Law Office was still able to negotiate a successful resolution of the case, which enabled the decedent's two children to receive compensation to help with their future life endeavors. Prior to retaining the Boughter Law Office, another attorney had declined representation of the family given the difficulty of the case and the unlikelihood of any recovery.


Car Accident & Catastrophic Injury

Client was involved in a head-on collision with an excavating truck that was towing a Cat Skid Steer.  The at-fault driver failed to yield to client’s vehicle and made a sudden turn in front of her vehicle, resulting in the client suffering fractures to her leg and ankle.  While the client made a good physical recovery, she was at risk for future problems with her lower extremity.  The Boughter Law Office retained an independent medical expert to give an opinion regarding the complexities of her injuries and the long term prognosis.  In addition, a life care expert was retained to provide a cost projection of future medical expenses.  The client owed approximately $63,000.00 in medical bills.  At mediation, the defense denied liability and offered only $135,000.00, which was promptly rejected.  The battle waged on and months later the Boughter Law Office was triumphant in securing the client the fair value of her claim.  


Nursing Home Negligence & Wrongful Death

The Boughter Law Office was retained by the family of an elderly woman who died as the result of suffering a subdural and subarachnoid hematoma due to an alleged fall at a nursing home. Her family was not told of the fall, which caused an egg-sized hematoma on the back of her head. She was rushed to the hospital with slurred speech and facial drooping. Nursing home administrators later told the family that the decedent died of a stroke.  The Boughter Law Office investigated the facts and circumstances surrounding the death and determined that another resident with Alzheimer’s assaulted the elderly woman.  The nursing home denied any wrongdoing; however, it was established that the nursing home failed to take reasonable precautions to prevent the subject attack.

$1.4 million

Motorcycle Accident-Policy Limits

Recovery for the Estate of a young woman who was tragically killed while a passenger on the rear of a motorcycle that was struck by an automobile.  Significant insurance coverage issues existed, including whether the Estate was entitled to coverage under an umbrella policy, which provided for One Million Dollars.  After extensive research of the coverage issues outlined in a memo to the insurer, the insurer for the umbrella policy tender its limits along with all other insurers who tendered combined additional limits of $400,000.00.

Confidential Settlement

Catastrophic Injury & Personal Injury

Client was at work at a rock quarry stationed in a designated safe zone when a blasting company set off a blast at the quarry.  The blast caused a large limestone rock to crash through the roof/windshield of the truck the client was sitting in, resulting in open comminuted fracture of the client’s leg.  The blasting company denied any wrongdoing and attempted to pass blame on to the owner of the rock quarry.  The Boughter Law Office filed suit and argued that the blasting company was strictly liability in tort under Indiana law for his client’s injuries irrespective of any fault on the owner of the rock quarry.  The Boughter Law Office retained multiple experts, including a renowned blasting expert from Pennsylvania, as well as medical expert.  After aggressively prosecuting the case for nearly two years, including the taking of multiple depositions of the blasting company’s personnel and employees of the rock quarry owner, the case went to mediation but the Defendant failed to offer the fair value of the claim.  Likewise, the offer at mediation was rejected.  The Boughter Law office continued to fight for the client and months later successfully reached a confidential settlement representative of the fair value of the claim.  

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