The Estate of a man killed in a traffic accident on April 18, 2011 settled with the defendants for $1,200,000.00. The Estate was represented by Charles H. Nugent, Jr., Esquire.
In April 2011, the Nugent Law client died after being struck from behind by a Hino box truck owner by a commercial food distributor. The collision occurred on Route 73 in Pennsauken, New Jersey. The accident was partially captured by a Wawa surveillance video. The video showed the truck striking the vehicle and driving it into the rear of another truck.
The defendant driver testified that he was operating his truck when the decedent abruptly pulled in front of him from the right hand lane causing the accident.
Mr. Nugent hired multiple experts, including an accident reconstruction expert, who concluded that the defendant driver was traveling at a high rate of speed and proximately caused the accident, and that the Nugent Law client operated his vehicle carefully and prudently and did not cause or contribute to the accident.
Mr. Nugent also hired a forensic pathologist who concluded that the client suffered serious injuries in the accident resulting in his death, including multiple trauma. The expert concluded that the client would have suffered 2-3 minutes of intense and exquisite conscious pain and suffering before dying, and pre-death fright.
Mr. Nugent hired an economic expert who testified that the Estate suffered economic losses as a result of the death.
Unfortunately, at the time of the collision, the client had active levels of cocaine, THC and pseudoephedrine in his blood. Defense experts opined that the client was highly intoxicated at the time of the accident, was not operating his motor vehicle safely, caused or contributed to the accident, and that his level of intoxication would have impacted his ability to suffer conscious pain.
Mr. Nugent hired one of the foremost forensic toxicologists in the country to challenge the opinions of defense experts. The toxicologist concluded that the levels of drugs in the bloodstream were low, and that there is no scientific or clinical studies to indicate that the levels found in the blood could result in any decrease in the ability to experience conscious pain and suffering.
Defendants hired multiple experts including an engineer in accident reconstruction, an expert in biomechanics and human factors, a toxicologist whose opinion was that the Nugent client was highly intoxicated at the time of the accident, could not safely operate his vehicle, and his ability to feel conscious pain and suffering was diminished, and a forensic pathologist whose opinion was that the Nugent client suffered instant death and therefore did not suffer any conscious pain or suffering.
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