MAKE SURE YOUR TRUCK IS PROPERLY MAINTAINED: PENNSYLVANIA SUPREME COURT UPHOLDS $10 MILLION VERDICT IN TRUCK CRASH CASE. THE TRUCK HAD BRAKE AND STEERING DEFICIENCIES
Published: February 10, 2015
The Pennsylvania state Supreme Court has declined to hear an
appeal of a more than $10 million dollars verdict in favor of a Dickson City woman who
was injured in a crash with a dump truck.
Attorney Joseph Quinn of Kingston filed suit on behalf Holly
Ann Kuchwara and her husband, Robert, against Valvano Construction Inc. of
Dickson City and its driver, Theodus Williams, in connection with a May 2010
crash on Dundaff Street in Dickson City.
Williams was driving a 1979 Mack dump truck loaded with
stone when he lost control and collided with a line of vehicles. The collision
knocked another car into the back of Holly Ann Kuchwara’s vehicle, sending it
into a utility pole. Holly Ann Kuchwara suffered a fractured vertebrae,
shattered ankle, head trauma and other injuries.
A Luzerne County jury in September 2012 awarded the couple
$9.1 million in compensatory damages and just more than $1 million in punitive
damages after finding the truck had brake and steering deficiencies.
Valvano Construction and Williams appealed the verdict,
which was upheld by the state Superior Court in May. The defendants then asked
the state Supreme Court to hear the case. The court denied the petition in a
one paragraph order issued Feb. 5.
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COUPLE AWARDED $10M IN ACCIDENT VERDICT. THE TRUCK SHOULD HAVE NEVER BEEN ON THE ROAD DUE TO STEERING AND BRAKE PROBLEMS
Published: September 22, 2012
WILKES-BARRE - A jury awarded a Dickson City couple more than $10 million in damages after a multi-vehicle accident involving a dump truck that police said had steering and brake problems.
Jurors said Valvano Construction Inc. of Dickson City and its driver, Theodus Williams, will have to pay Holly Ann Kuchwara and Robert J. Kuchwara $9.1 million in compensation and $1.025 million in punitive damages.
Williams was driving a 1979 Mack dump truck loaded with stone and headed to the Marjol Battery Site in Throop in May 2010, when he lost control of the truck and collided with a line of vehicles on Dundaff Street in Dickson City. The collision knocked another car into the back of the Kuchwaras vehicle, sending their Toyota Four Runner SUV into a utility pole, a complaint says.
Three people went to the hospital with injuries that were not life-threatening. Police charged Valvano Construction and Williams with 12 violations each, saying the truck had brake and steering deficiencies and that Williams was operating the vehicle with an expired medical examination certificate.
The Kuchwaras sued Valvano Construction and Williams in June 2010. Another couple, Doreen Mazur and Stephen Mazur, also sued the company and driver over the same incident.
The crash left Holly Ann Kuchwara with a fractured vertebrae, shattered ankle, head trauma and other injuries, her lawyers said in the complaint.
"Obviously we're thrilled with the verdict after a case in which there was no offer of settlement," said Joseph A. Quinn, a lawyer for the plaintiffs. "The jury accepted the finding of the state police, that the truck should never have been on the road."
Attorneys for the defendants could not be reached Friday night. They will probably be sued for malpractice if they failed to settle the case prior to trial.
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Multi-vehicle accident in Dickson City, PA
DICKSON CITY, May 07, 2010 (The Times-Tribune - McClatchy-Tribune Information Services via COMTEX) -- Three people were injured Friday in an early morning accident in Dickson City.The accident, which involved a dump truck, sport utility vehicle and two sedans, happened when the driver of a Valvano Construction dump truck hit a late model Toyota, which was stopped at a traffic light at the corner of Scott Road and Dundaff Street, Dickson City Police Chief William Bilinski said.
"The dump truck driver told us that his breaks failed and he couldn't stop," Chief Bilinski said.
The Toyota, which was driven by an unidentified woman, was pushed by the truck about a quarter of a mile toward Main Street. Before coming to a halt, two other vehicles were hit.
Police declined to identify any of the accident participants.
Each of the vehicles had airbag deployment. Three people were taken to area hospitals for treatment.
Chief Bilinski said he wasn't sure of the extent of injuries to any of the accident victims.
"What we do know is that this could have been much worse. There is a bus stop just a few more feet from where the crash ended, so everyone is very lucky," Chief Bilinski said.
Dundaff Street between Scott Road and Main Street was closed for more than an hour as rescue vehicles, state and local police, tow trucks and a PPL Electric Utilities workers responded to the crash.
Construction workers gawked from rooftops and neighbors and other onlookers quickly crowded the area to get a glimpse of the damaged vehicles, which were spread over a wide area along Dundaff Street.