$900,000 recovery for wrongful death of paving foreman

July, 2001

On the evening before jury selection, Feldman Shepherd attorney Thomas More Marrone obtained a $900,000 settlement for the widow and family of a paving foreman who was tragically backed over and killed by a 30-ton asphalt-filled dump truck. This settlement was the culmination of aggressive pre-trial preparation, including many depositions, consultation with experts from several disciplines, detailed examinations and testing of the dump truck, and multiple inspections of the scene of the accident.

This case involved the wrongful death of a 55-year old paving foreman who was serving as a “spotter” - - a construction worker who directs a dump truck, traveling in reverse, to its destination. According to the police investigator, this foreman was caught between the axles of the truck and dragged approximately 20 feet before emerging from underneath the truck. Significantly, there were no witnesses to the accident other than the victim. Additionally, the defense presented evidence suggesting that the foreman had suffered a fatal heart attack, thus explaining his presence behind the dump truck, and his inability to avoid the accident.

Immediately after he took over this case from another lawyer, Mr. Marrone immediately retained experts in the fields of accident reconstruction, truck driving practices, construction site safety, and forensic pathology. Following submission of six trial expert reports, the videotape deposition of one of plaintiff’s expert witnesses, a settlement conference, and a pretrial.