Defense Verdict – Auto vs. Garbage Truck – Pittsburgh Partner Miles A. Kirshner

Congratulations to Pittsburgh partner, Miles A. Kirshner, Esq., for successfully defending our waste hauler client in a week-long trial in Clarion County.  Our client’s garbage truck was momentarily stopped on the wrong side of the road and, per plaintiff’s allegations, inadequately illuminated.  The plaintiff’s vehicle struck our client’s truck head-on, resulting in life threatening and permanent injuries.   Policy limits of $1,000,000 demanded.  Miles persuaded the court to accept evidence of plaintiff’s alcohol consumption for the consideration of the jury, and presented a re-creation demonstrating the substantial sight lines available to the plaintiff as he approached the defendant’s vehicle.  After a lengthy deliberation, the jury which had bonded with the seriously injured plaintiff and his family, nonetheless returned a verdict finding his negligence to have amounted to 70% of the causation of his own harm.  Plaintiff was therefore precluded from any recovery under Pennsylvania law.