Vehicle Accidents

Petrosky v. Philadelphia Police Department

Our client, Sam Pertosky, sued the Philadelphia Police Department as a result of an accident with a police officer. A Philadelphia Police Department marked police car was traveling at a high rate of speed without emergency lights or sirens activated as Mr. Petrosky entered an intersection outside of his place of employment. Mr. Petrosky told us that the traffic light was green when he entered the intersection and that he did not see emergency lights or hear sirens before his vehicle was broad-sided by the police car.

After we were retained by Mr. Petrosky the insurance adjuster for the Police Department suggested that the police officer had emergency lights and siren operating, and that the police officer had a green light. We immediately contacted Mr. Petrosky’s employer and requested that video surveillance footage from outside of their facility be preserved. Since Mr. Petrosky worked for the United States Postal Service, it took some legal wrangling to eventually get a CD of the surveillance footage. However, once the surveillance footage was reviewed, it clearly showed Mr. Petrosky proceeding into the intersection with a green light.

In addition to utilizing the video surveillance footage to refute that Police Department’s attempt to unfairly blame Mr. Petrosky for the accident, our investigator was able to locate a witness who supported Mr. Petrosky’s contention that no emergency lights or sirens were in use at the time of the accident. We were later able to uncover evidence in our lawsuit that the officer in question had been cited for failure to use emergency lights and a siren.

This case points to the importance of requesting evidence preservation immediately and utilizing investigators to interview witnesses immediately. What we did for Mr. Petrosky is no different that what we do for all of our clients on every single case. We leave no stone unturned in our quest to find the truth and to seek justice for our clients.

Fortunately, Mr. Petrosky was not seriously injured in the accident and was able to return to work in a few days after this accident, but a review of the surveillance video shows that things could have turned out much worse. We were able to settle Mr. Petrosky’s case for $200,000*. A copy of the video surveillance footage from his accident is posted on our web site for your review.

Tony Mistecka vs. Burman’s Home Health Care, Inc., Court of Common Pleas Philadelphia County, Case No.: 02-1816

Type of Case: Pedestrian Struck by Vehicle.

Tony Mistecka was a self-employed contractor involved in a renovation project in Chester, PA, on October 11, 2001. On that date, Mr. Mistecka went out to his pick-up truck to retrieve some tools from the tool box located on his pick-up truck. While reaching into his tool box, Mr. Mistecka was struck by a delivery van owned by Burman’s Home-Health Care, Inc. The force of the impact caused Mr. Mistecka to be thrown into the middle of the street. He suffered a fracture to his lower right leg. The insurance company for Burman’s Home-Health Care, Inc., later attempted to blame Mr. Mistecka for the accident by asserting that he was in the middle of the street at the time of the impact. However, the van driver’s original statement that he did not see Mr. Mistecka suggested that Mr. Mistecka could not have been in the middle of the street. Mr. Mistecka recovered from his injuries and was able to return to work. The insurance company for Burman’s settled the case. Result: $400,000 settlement*.

Counsel: Christopher J. Heavens, Boothwyn, PA Robert McCann, Esquire, McCann, Schaible and Wall, Philadelphia, PA.

Sebastian v. Tri-Amerika Contractors (no lawsuit filed)

Type of Case: Wrongful Death

Eight year old Sean Sebastian was struck and killed by vehicle when crossing the road on Halloween night. The impact occurred in the middle of the road in a curve and the child was wearing a black costume. The family hired Chris Heavens to represent them. Mr. Heavens hired an accident reconstruction expert and a visibility expert to assist him in determining whether the driver could have avoided the accident. There was no evidence that the driver attempted to brake or take any evasive action. Heavens was able to utilize his expert opinions and argue that a minimum amount of braking and/or evasive action would have likely lead to a lesser impact and/or no impact at all with the child. Result: $525,000.00 Settlement*.

Counsel: Christopher J. Heavens, Charleston, WV

Mona Whitt, as Administratrix of the Estate of Holly Renee Elliott, v. Jackie Lee Thomas; Renick and Shirley Jones; William Cody Jones; Jeremy Treadway, and State Farm Fire and Casualty Company, Circuit Court of Kanawha County, West Virginia, Civil Action No.: OO-C-3171

Type of Case: Wrongful Death

Sixteen-year-old Holly Elliott was killed while riding on the back of an ATV which was being operated by a male under the age of 21. Elliott and the male were both under the influence of alcohol. Elliott’s family hired Chris Heavens to represent them when Nationwide and State Farm refused to make any settlement offer. Heavens filed suit against the operator of the ATV and the owner of the ATV. Heavens also filed suit against the adults who hosted the “keg party” where Elliott and other juveniles consumed alcohol prior to the accident. The case presented two issues of first impression. First, since the State does not have social host liability, can a person be sued for serving a minor alcoholic beverages to the point of intoxication? Second, does a homeowner insurer have to provide coverage on a social host theory of liability, if there is no such tort in the law? The homeowner insurers of the various defendants were Nationwide and State Farm. Nationwide paid its $100,000.00 policy limit to the Elliott family on behalf of the operator of the ATV. State Farm denied coverage to the owner of the ATV who negligently entrusted the ATV, and State Farm reserved its rights in providing a defense to one of its insureds who was involved in purchasing the keg for the party. Heavens asserted that serving minors alcohol trumped the social host liability issue and put the case into the realm of corrupting the morals of minors. Thus, Heavens contended to State Farm that there would be social host liability if minors were being served. The defendants contended that there was no social host liability under the facts of the case, irrespective of minors being involved. Result: Confidential Settlement.

Counsel: Christopher J. Heavens, Charleston, WV

Harvey – Tractor Trailer Illegally Parked on Side of Road

Rhett Harvey’s family retained us after Rhett was killed in a tractor-trailer accident in November 17, 2011. Rhett’s death occurred at approximately 7:30 a.m. on eastbound US Route 460 near Kellysville, Mercer County, West Virginia. Rhett’s friend, Gregory W. Price, was driving a 2001 Toyota Celica in which Rhett was the front-seat passenger. They were on their way to work at Southeast Valve. Earlier that morning, Harvey Leist, had been operating a tandem tractor-trailer on behalf of Con-Way Freight. He had stopped his tractor-trailer and was parked along the right shoulder of U.S. 460. The vehicle in which Rhett was a passenger collided with and under-rode the driver’s side of the rear trailers, causing fatal injuries to Rhett.

Harvey Leist parked the Con-Way Freight Tractor-Trailer along the road edge of eastbound US Route 460 so that he could sleep. We alleged Leist was careless and negligent in his operation of the tractor-trailer, in that he parked the tractor-trailer only a few feet off the fog line. We showed he could have easily moved the vehicle further from the traveling lanes by placing the passenger side wheels on the adjacent gravel. The following picture depicts the additional area that Leist had to move the tractor-trailer away from the fog line.

We alleged Leist was careless and negligent in his selection of the location to park the Con-Way Freight tractor-trailer. It was parked immediately following a sharp left-hand curve on eastbound US Route 460. Because of where the tractor-trailer was parked, Gregory Price would not be able to readily recognize that the tractor-trailer was parked in a nature that presented a hazard to himself and Rhett until it was too late. This collision would have been prevented had Leist made the right decision to get off US Route 460 either a few miles before or after the spot where he decided to park. Beyond his failings in selecting the location to park the tractor-trailer, we alleged Leist also was careless and negligent in failing to activate the hazard warning flashers. This failure violated the Federal Motor Carrier Safety Regulations. The West Virginia Public Services Commission found such a violation in its investigation of this collision.

Con-Way Freight itself recognized that this collision was preventable by Leist, and as a result, Con-Way Freight terminated Leist for violating its Safety Policy. Although Con-Way Freight later reversed its ruling and reinstated Leist (presumably because of Plaintiff’s pursuit of this lawsuit) it still determined that Leist committed an “Unsafe Driving” violation for failing to use the hazard warning flashers, and required him to complete remedial training.

Beyond failing to use the hazard warning lights, we alleged Leist was also careless, negligent and violated the Federal Motor Carrier Safety Regulations in failing to place required warning devices (reflective triangles, flares or orange cones) behind the tractor-trailer. The federal regulations require warning devices to be placed behind a tractor-trailer if the vehicle is going to be parked for 10 minutes of more. Con-Way attempted to argue that Leist was not parked for more than 10 minutes at the time of the impact, thus they should not be held responsible for his failure to place warning devices behind the truck. This argument by Con-Way missed the point that, if its driver had parked to sleep more than 10 minutes, it was a requirement to place warning devices behind the tractor-trailer before going to sleep.

After we filed suit, we learned that Leist had a sleep disorder. We alleged that the sleep disorder was not properly addressed by Con-Way. While Leist clearly failed to use flashers and warning devices in violation of trucking regulations, we felt there was an underlying issue of Con-Way’s failure to address and accommodate an employee’s medical condition.

Con-Way’s lawyers blamed Mr. Price for the accident, despite Mr. Leist’s illegal parking of the tractor-trailer and failure to sue warning flashers and triangles. Con-Way’s insurance lawyers obtained medical records on Mr. Price, which showed he had no illegal drugs or alcohol in his system. They obtained the autopsy report on our client, Rhett Harvey, which showed he had no illegal drugs or alcohol in his system. After we presented Con-Way’s insurance lawyers with our accident reconstruction package, they requested mediation.

Rhett Harvey was a fine young man who had a troubled family life as a child, through no fault of his own. He was hard working and dedicated. Like many of our cases where we represent working class people, we found ourselves having to defend a client from personal attacks of corporate defendants. When defendants know they are wrong, they usually attempt to shift the focus to the alleged bad characteristics of our clients. This tactic is designed to mitigate the amount of compensation that a jury might include in a verdict. The corporate/insurance company lawyers believe that the more that they can get a jury to dislike a victim, the less money they will have to pay. We pride ourselves on vigorously fighting back to protect our clients from these tactics. We did so for Rhett Harvey and his family.

Result: Substantial Confidential Settlement.

LAURA DELP, as the Administratrix of the Estate of Rhett Harvey, v. CON-WAY FREIGHT, INC., a Delaware Corporation; HARVEY LEIST, individually and as an agent of CONWAY FREIGHT, INC. In the Circuit Court of Kanawha County, West Virginia. Civil Action No. 12-C-777

Seven-Figure Settlement in Defective Fuel-System Case After Survivable Rollover Became Fatal Fire

Heavens Law Firm helped obtain a seven-figure settlement for the family of a 21-year-old West Virginia man who died in a post-collision fire after the fuel tank on a GMC Sierra became unsecured during a rollover. The product-liability case focused on the design of the pickup’s fuel-tank mounting system and whether a safer design would have prevented the fire and saved his life.

A Survivable Crash Became a Fatal Fire

Our client was driving a 2004 GMC Sierra northbound on Interstate 77 in Parkersburg, West Virginia, on his way to work when his pickup contacted the rear of a tractor-trailer.

The initial impact was relatively minor. The tractor-trailer driver did not realize that his vehicle had been struck and initially believed that he had experienced a flat tire. After the impact, however, the Sierra entered a yaw, rolled over, and came to rest on its roof beside the highway.

The passenger compartment remained substantially intact. The evidence developed in the case supported our position that the collision and rollover were survivable. What transformed the crash into a fatal event was the post-collision fire.

The occupant compartment remained substantially intact, supporting the position that the crash itself was survivable.

Investigating Why the Fuel Tank Became Unsecured

The 2004 GMC Sierra used a plastic fuel tank secured beneath the vehicle by two metal mounting straps. Each strap was bolted to the frame on one side but used a hooked mounting bracket on the other.

Our product-liability investigation focused on what happened to those straps during the rollover. The evidence showed that both fuel-tank mounting straps became dislodged, allowing the tank to move from its intended position. The design permitted a strap to become unhooked with only a small amount of vertical movement.

Once the tank was no longer securely retained, its movement caused the fuel lines to separate and the fuel-filler connection to become compromised. Gasoline and gasoline vapor were released during the rollover, producing the fuel-fed fire.

The fuel tank and the two mounting straps used to secure it beneath the pickup.

Post-crash photographs identifying the detached ends of the fuel-tank mounting straps.

Physical evidence showing an empty mounting bracket and the displaced fuel-system connection after the tank moved during the rollover.

Safer Alternative Designs

An important part of a product-liability case is not simply identifying what failed, but determining whether the danger could have been reduced or eliminated through a safer, feasible design.

Our investigation examined fuel-tank retention systems used by other manufacturers. We developed evidence of alternative designs that provided additional protection against unintended strap disengagement, including captured mounting systems and protective structures that helped retain the fuel tank during a crash.

These alternative designs were important evidence in demonstrating that a fuel tank did not have to become unsecured simply because a pickup rolled over.

Examples considered during the investigation of alternative fuel-tank retention and protective designs.

The Fire – Not the Crash – Caused His Death

One of the most important aspects of the case was separating the consequences of the collision from the consequences of the post-collision fire.

The physical evidence showed that the occupant compartment remained relatively intact. Crash-testing evidence involving comparable vehicles was also examined as part of our investigation into whether the collision itself should have been survivable.

The medical evidence was particularly significant. The autopsy identified orthopedic injuries from the crash, but determined that Logan died from smoke inhalation and thermal burns after the fire developed.

This distinction was central to the product-liability case: the collision did not have to result in his death.

Seven-Figure Product-Liability Settlement

After extensive investigation and litigation, Heavens Law Firm and co-counsel obtained a seven-figure settlement for Logan’s family.

The case required considerably more than investigating how the vehicles collided. It required examining the burned vehicle, reconstructing the rollover sequence, analyzing the fuel system and its component parts, determining how and why the fuel tank became unsecured, evaluating the origin and propagation of the fire, studying crashworthiness, and identifying safer alternative designs.

The case demonstrates why vehicles and their components should be preserved after a serious crash involving a fire. What initially appears to be an unavoidable consequence of a collision may instead involve the failure of a product or safety system that was supposed to protect an occupant when a crash occurred.

Serious Cases Require Serious Investigation

At Heavens Law Firm, we handle a select number of serious personal injury and wrongful death cases, including cases involving defective vehicles, dangerous products, industrial equipment, fires, explosions, and catastrophic workplace incidents.

In product-liability cases, we investigate not only how an accident happened, but whether a defective product turned a survivable event into a catastrophic one.

Christopher J. Heavens has more than 30 years of experience handling serious personal injury, wrongful death, and product-liability litigation. He is licensed to practice law in Pennsylvania, West Virginia, and Kentucky and has handled cases in other jurisdictions through admission in individual cases.

If you or a family member has suffered a catastrophic injury or death involving a vehicle fire, defective product, or failed safety system, contact Heavens Law Firm to discuss the circumstances and the importance of preserving the product and other evidence before it is altered or destroyed.

Past results do not guarantee future outcomes. Every case is different and must be evaluated on its particular facts.