A Pennsylvania construction worker who was paralyzed in a 2001 hit and run accident has received a $3 million workers' compensation settlement, believed to be one of the largest settlements ever. His case has been, to put it mildly, a rollercoaster ride through many of the most difficult obstacles a personal injury plaintiff can face. After a lawsuit for negligence and Dram Shop Act liability, he had to pursue a claim for bad faith refusal to pay an insurance claim. With the settlement of his workers' compensation claim, perhaps the case can have some closure.
Joseph Tuski worked as a road flagman in Warminster, Pennsylvania. In January 2001, he was directing traffic around a construction site when a car driven by Michael Petaccio reportedly hit him, throwing him fifteen feet in the air and sixty feet away. Tuski suffered severe neck and spinal injuries, brain injuries, and broken limbs. The injuries rendered Tuski a quadriplegic, and he continues to require around-the-clock medical care.
Petaccio was the manager of the Ivyland Cafe and had reportedly just left there when the accident occurred. He fled the scene of the accident and was arrested several days later. He pleaded guilty to aggravated assault while driving under the influence in 2001 and received a prison sentence of one and a half to three years.
Tuski filed suit against Petaccio and the Ivyland Cafe, alleging that Petaccio was negligent and therefore liable for his injuries, and that the Ivyland Cafe was liable under the Dram Shop Act. This law allows someone injured by a person under the influence of alcohol to recover damages from the person or business that served the person alcohol, if they did so when the person was already visibly and unreasonably intoxicated. In early 2004, a jury in Philadelphia awarded Tuski $75.6 million in compensatory and punitive damages, which Tuski's lawyer at the time claimed was the largest verdict in a liquor liability case in Pennsylvania history.
Neither Petaccio nor the Ivyland Cafe had the resources to pay such a large judgment. They had liability insurance policies for $100,000 and $1 million, respectively. When the Ivyland Cafe tried to obtain the policy amount to pay towards the judgment, however, the insurance company reportedly refused to pay. Initially, this was a contract dispute exclusively between the Ivyland Cafe and the insurance company, even though Tuski was the ultimate beneficiary. The Ivyland Cafe assigned its rights to Tuski, and he filed suit against the insurance company for failing to pay the claim. In June 2007, Tuski and the insurance company settled the claim for $20 million.
In October 2011, Tuski settled a workers' compensation claim with his former employer and their insurance carrier for around $3 million. A judge approved the settlement in December, and Tuski's lawyer says that this is one of the largest workers' compensation settlements in the U.S.
People injured due to the negligence of others may have legal rights to compensation for their damages. Contact Connecticut accident attorney Paul Levin today through his website or at (888) 560-7226 for a free and confidential consultation.
More Blog Posts:
Connecticut College Student Killed in Hit and Run Accident, Connecticut Injury Attorney Blog, November 25, 2011
Fatal Crash at Connecticut Tailgate Party Leaves Liability Questions Unanswered, Connecticut Injury Attorney Blog, November 21, 2011
Unfair Insurance Practices, Connecticut Injury Attorney Blog, February 26, 2011
Photo credit: 'Traffic Sign' by Lars Sundstrom on stock.xchng.
