Boxer & Gerson Secures Unanimous Victory for Client in Volvo Personal Injury Case

Posted: May 25, 2012 at 2:22 pm


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OAKLAND, Calif., May 24, 2012 /PRNewswire/ --Litigation firm Boxer & Gerson today announced a unanimous victory over Volvo Truck, Consolidated Metco and Wittke Manufacturing. The firm's client, a Brentwood man and his wife were awarded $11.4M for personal injuries sustained in a 2007 crash caused by defective parts and servicing used in a garbage truck. Judge Maxine Chesney of the U.S District Court for the Northern District of California presided and had indicated that relevant parties should settle the matter. None of the three defendants offered settlement terms during trial despite the recommendations of Judge Chesney.

On October 29, 2007, the plaintiff, a 46-year-old Local 70 Teamster employee of Waste Management was driving a garbage truck near the Livermore airport when the right front hub of the vehicle fractured, causing the right front wheel to detach. As a consequence of the failure of the hub, the garbage truck crashed to pavement, causing a compression injury to the plaintiff's spine. He has undergone three surgeries with limited success and more surgeries will be required to alleviate the constant pain that has prevented him from continuing employment.

"We are gratified by the total vindication of our client," said Gary Roth of Boxer & Gerson, who argued the case with colleague John Anton. "We were well aware of the wrongdoings on the parts of Volvo, ConMet and Wittke, and the very difficult outcomes created for the plaintiff. We appreciate the thoroughness of the court's unanimous decision and the consideration reflected in the award."

The failure of the right front aluminum hub occurred because the hub was overloaded. The defendants knew that 15,000 to 25,000 hubs were already in service in trucks across the United States and that there had been a number of failures due to overloading.

At trial, the plaintiffs introduced emails dating back to 2004 between engineers from ConMet and Volvo Truck in which ConMet advised that "going forward" alternate hubs should be used or that the hubs should be rated at a lower capacity. Despite this knowledge in 2004, neither ConMet nor Volvo Truck sought to recall the aluminum hubs or to notify of the risk of failure due to overloading during normal use.

About Boxer & Gerson

Boxer & Gerson, LLP in Oakland, California is a law firm recognized nationally for its trial advocacy skills. Founded in 1977, our attorneys are dedicated to protecting the rights of Bay Area workers, elders and families. Our practice areas are concentrated in workers' compensation, social security and personal injury and we are the largest firm in Northern California representing injured employees.

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Boxer & Gerson Secures Unanimous Victory for Client in Volvo Personal Injury Case

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May 25th, 2012 at 2:22 pm

Posted in Personal Success