A legal matter represented by Anapol Weiss Shareholder Larry E. Coben was featured on Law360: Truck Leasing Co. Must Face Motorcyclist’s Negligence Suit. The article discusses the presiding Judge’s denial of the defendant’s dismissal bid, as well as the nature of the plaintiff’s lawsuit.
About the Lawsuit
The lawsuit, SHIMMEL et al v. NAVISTAR INTERNATIONAL CORPORATION et al, alleges products liability and negligence on the part of a commercial trucking leasing company in not ensuring its trucks were equipped with collision warning and automatic braking safety systems. The lack of these safety systems, according to the suit, led to the catastrophic injuries of the motorcyclist represented by Mr. Coben.
The motorcyclist was traveling eastbound on Pennsylvania State Route 322 in September 2017 when a tractor-trailer travelling westbound rear-ended a car, causing the truck to enter the opposing lane. In swerving to avoid the vehicle, the plaintiff came off his motorcycle and hit a guardrail. He sustained many severe injuries, including catastrophic brain injury.
A Case of Negligence
The negligence alleged in this motor vehicle product liability suit makes it a more complicated matter than many auto collisions. Not only did the truck manufacturer not outfit this truck with certain safety systems, but the truck leaser and truck lessee are also charged with failing to select these systems to reduce the risk of collisions.
The suit was filed in June of 2018 in the Pennsylvania Western Court. The defendant put forth a dismissal bid of the suit that was denied by the Judge presiding over the case.
Mr. Coben has been litigating complex products liability cases across the United States for more than 40 years. If you or a loved one was injured in a motor vehicle incident, reach out to us today for a free consultation to see if we can help you. You may be entitled to compensation.