$$1,25M Settlement
Date of Settlement: March 3.
Court and Case No.: C.P. Delaware No. CV-2020-008068.
Type of Action: Motor vehicle.
Injuries: Back injury.
Plaintiffs Counsel: Ken Fulginiti and Sarah F. Dooley, Duffy + Fulginiti.
Plaintiffs Experts: David L. Hopkins, economics; King of Prussia; Frank M. Costanzo, accident reconstruction, Chester Springs; Irene C. Mendelsohn, vocational rehabilitation, Penn Valley.
Defense Counsel: Robert J. Balch and Bianca Nalaschi, Post & Schell, Philadelphia.
Defense Experts: David H. Clements, orthopedic surgery, Cherry Hill, New Jersey; Gerald T. Olson, economics, Glenside.
Comment:
On Nov. 6, 2019, plaintiff Ernest Milner, 49, was operating a ride-on lawnmower, in the course and scope of his employment with a department of Delaware County. He was on the shoulder of Old Forge Road in Media. The rear of his mower was struck by the front of a sport utility vehicle driven by William Kozlowski. Milner claimed head injuries and spinal fractures.
Milner sued Kozlowski. The lawsuit alleged that Kozlowski was negligent in the operation of a vehicle.
Milner’s expert in accident reconstruction filed a report in which he opined that the physical evidence and photographs taken at the scene by the responding police officers confirm that Milner was fully on the shoulder and was simply doing his job when Kozlowski carelessly and recklessly came out of his lane of travel and struck the ride-on mower.
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