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Case Summaries



Hurt, Crosbie & May serves clients in Kentucky, including the following areas:
Cities: Lexington, Nicholasville, Georgetown, Richmond, Winchester, Louisville, Frankfort, Lawrenceburg, Cynthiana, Mt. Sterling, Versailles, Paris, Stanton, Harrodsburg, Clay City, Wilmore, Berea.

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DISCLAIMER: Hurt, Crosbie & May provides you with these case summaries for purposes of information and research. Many of these case summaries identify settlements or verdicts that were obtained from various jurisdictions by other lawyers and law firms. Please note that every case is different and these verdicts and settlements, while accurate, do not represent what Hurt, Crosbie & May may obtain for you in your case.

Diaz v. Tagliaferri

Diaz, 36, was driving on a highway when a pickup truck driving the opposite direction attempted to overtake a delivery truck.  The pickup pulled back into the lane too soon after overtaking the delivery truck, however, and made contact with it.  The driver of the pickup lost control, and the pickup spun around and vaulted over the median barrier, landing on top of Diaz's vehicle.

 

Diaz suffered a traumatic brain injury with left hemi-paresis and truncal ataxia and several fractures including to her jaw.  As a result of the brain injury, Diaz is unsteady when she walks and has a spastic speech pattern, making it difficult to understand her.  She incurred about $1.43 million in medical costs and anticipates about $19.69 million in future life-care planning costs.  An emergency room nurse who had earned about $75,000 annually, Diaz claimed about $150,000 in past lost wages and about $2.2 million in estimated future lost income.

 

Diaz sued the driver of the pickup and the driver of the deliver truck and his employer.  Plaintiff alleged the driver of the pickup failed to avoid contact and slow down.  Plaintiff further asserted that the employer was vicariously negligent for the delivery truck driver's failure to slow down or move to the right to avoid the pickup.  Plaintiff also asserted the employer negligently hired and retained the driver.

 

The pickup driver did not dispute her negligence but contended the deliver truck driver should have avoided contact with her.  The delivery truck driver and employer argued there was no opportunity to avoid the incident.  They also disputed plaintiff's lifetime need for round-the-clock professional care.

 

The jury awarded plaintiff about $22.57 million, finding the pickup driver 45 percent at fault, the delivery truck driver 20 percent liable, and the employer 35 percent responsible.

Awarded: $22,570,000.00




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