Ryan Skiver · Marjorie Hauf · Joe Fried
Truck Crash, mTBI $1,750,000.00 Verdict
February 19, 2025 6:30 PM||
On the night of August 5, 2016, Samuel Rowland was driving 24 miles per hour on Interstate 40 outside of Holbrook, Arizona.A Swift Transportation truck going 65 miles per hour hit him from behind.Mr. Rowland’s car was pushed off the side of the highway and rolled over.He had abrasions and contusions at the scene, and complained of headache, neck pain, and some pain in his right wrist.He was diagnosed with a concussion, left scapula fracture and a right scaphoid fracture.It was a very difficult case to try since we took over after disclosure and discovery cutoffs.We tried to reopen discovery and obtain the Swift Transportation driver handbook that should have been disclosed under Rule 26.1.The Judge said there were no direct negligence claims against Swift based on prior counsel’s Complaint and the fact that none were developed with a trucking standard of care expert.The Judge excluded the FMCSRs, CDL Manual and any questions about them, plus the medical records and bills except the few disclosed before the deadline.There was no trucking standard of care expert, prior attorneys did not allege direct negligence claims against Swift, and did not hire a trucking expert or any medical experts.The only experts hired were as rebuttal witnesses.The Judge quashed our subpoena sua sponte to the Swift corporate rep to attend trial because they “had no relevant knowledge” even though Swift was the driver’s first call, they sent a specialist to the scene and towed their truck back to headquarters for investigation.The Judge also refused to allow our client’s treating ortho to give any “opinions.”In 2023, seven years, after the crash, the attorneys for Plaintiff were able to obtain justice for Mr. Rowland.
The case dealt with the following issues:
- The plaintiff was driving 24 miles per hour on an Interstate Highway at night on a dark stretch or road while legally blind.
- Taking over a case with no direct negligence claims against the trucking company after disclosure and discovery were closed with only one deposition taken of the Defendant driver, and none of the defense experts.
- No retained standard of care expert, and we were precluded from referencing the Federal Motor Carrier Safety Regulations (FMCSRs), CDL or Swift Handbook.
- Trying a case with very limited evidence in front of a Judge who sanctioned us ~$16,000 for trying to get disclosures.
- The treating orthopedic doctor’s testimony was limited to what he saw and touched; no opinions were allowed.
- The plaintiff had no disclosed life care planner.
- Dealing with a difficult judge who was more inclined to exclude our evidence than allow it and the Jury of a doctor, engineer, accountant and insurance claims adjuster.
- Trying to get as much value as possible with very limited evidence and a Judge who excluded most everything for non-disclosure if it was not contained in prior counsel’s disclosures.
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