James DeFranscesco, 53, owned his own trucking company. He parked his tractor-trailer for the night at a truck stop in Georgia but was awakened when an adjacent tractor-trailer got stuck to his rig after turning too sharply while pulling out.
DeFranscesco opened his door and fell to the pavement while the other truck driver attempted to free his vehicle. The other driver broke free and started to drive off. DeFranscesco ran after the truck and jumped on its low bumper bar, holding on with one hand and yelling at the driver to stop.
The driver then tapped his brakes, causing DeFranscesco to fall off the rig. DeFranscesco suffered a lumbar disk protrusion at L3-4, which required a laminectomy. He continued to experience pain that interfered with his ability to work, resulting in 795 missed work days and approximately $363,400 in lost income.
His medical expenses totaled approximately $47,200. DeFranscesco filed a lawsuit against the Sentry Select Insurance Co. that insured the other truck. The defendants raised contributory negligence and assumption of risk defenses.
The jury signed a verdict for $750,000, finding the plaintiff, DeFranscesco, 40% at fault.
The attorneys successfully handling this case for DeFranscesco were David Tuszynski and Sara Sibley.
DeFranscesco v. Sentry Select Ins. Co., No. 1:18-cv-04795-SCJ (N.D. Ga.).
Kreisman Law Offices has been handling truck accident lawsuits, motorcycle accident lawsuits, bicycle accident cases and catastrophic injury lawsuits for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Niles, Morton Grove, Glencoe, Lombard, Wheaton, Batavia, Glen Ellyn, Villa Park, Melrose Park, Forest Park, Western Springs, LaGrange, Downers Grove, Bedford Park, Elk Grove Village, Crystal Lake, Chicago (Edgebrook, East Rogers Park, Lakeview, Hermosa, Old Town Triangle, South Loop, Near West Side, Brighton Park, Marquette Park, Great Grand Crossing, South Shore, Bronzeville), Westchester, North Riverside and Glendale Heights, Ill.
Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.
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