Pre-trial settlement for young man suffering catastrophic injuries after highway barrier failure

In the largest reported plaintiff’s personal injury settlement or verdict of 2022, SUGARMAN Principals Ben Zimmermann and David McCormack obtained a recovery on the eve of trial for a 26-year-old whose vehicle was struck by a tractor-trailer that hit and tipped over a temporary barrier dividing lanes of traffic in a construction zone on a highway in Central Massachusetts. Through years of litigation in federal court, SUGARMAN was able to demonstrate that the general contractor and engineering firm for the project selected a light-weight steel barrier that did not meet the project’s specifications and that the manufacturer of the barrier withheld testing and misrepresented the barrier’s characteristics. Compounding these errors, the general contractor failed to install the barriers properly and the engineering firm failed to provide instructions regarding how much room was needed on either side of the barrier to prevent intrusion into opposing lanes of travel. SUGARMAN’s experts demonstrated that the tractor-trailer was traveling at a low rate of speed with a small angle of impact such that a properly installed steel barrier (with several feet of room on either side) or an unpinned concrete barrier would have contained and re-directed the tractor-trailer and prevented it from entering the opposing lane of travel and striking the plaintiff’s car. The plaintiff was a healthy 23-year-old college student at the time of the collision. He suffered multiple fractures and injuries to his internal organs, ultimately rendering him paraplegic with an above-the-knee amputation of the left leg.