Jury to Decide Fault re: Construction Site Car Crash

Posted on: June 26th, 2012       Attorney Thomas Newell

A November 2009 ruling of Judge Kwidis of the Beaver County PA Court of Common Pleas denied the Motion for Summary Judgment filed by a construction company and permitted a Pennsylvania car crash victim to proceed to a jury trial.  The driver came to an intersection in Aliquippa PA which was under construction.

The right lane was closed and traffic was diverted into the left lane.  The driver didn’t notice the altered traffic pattern and crashed into the concrete median in the center of the 4 lane road.  His gas tank ruptured and he sustained 2nd and 3rd degree burns which required 3 surgeries with skin grafting.

A lawsuit was filed against PennDOT and the construction company working on the site.  It alleged that the Defendants created a dangerous condition by not adequately warning drivers of the potential dangers within the construction site re: the right lane closure and the damaged median.  The Beaver County Judge ruled that issues of fact should be decided by a jury regarding the need for appropriate warning signs.  Mavrich v PennDOT and Golden Triangle Construction Co., Court of Common Pleas Beaver County PA, No. 10900 of 2003 (Nov. 30, 2009 J. Kwidis)

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