PSBR attorneys Kevin Boyle and Andrew Owen secured a $10,000,000 settlement for a woman who suffered a traumatic brain injury after her disabled vehicle was rear-ended by a tractor trailer driven by a Western Express employee during the course and scope of his work.
On June 22, 2012, Plaintiff Maria Shay was traveling on Interstate 10 when her vehicle ran out of gas and came to a stop in an eastbound lane near Blythe, California. Defendant Maurice Leftowich, a driver with Western Express, had a few drinks then got behind the wheel of his 60,000 pound tractor trailer along the same route to make a delivery for his employer. Although Ms. Shay had activated the hazard lights on her disabled vehicle, Defendant was unable to avoid it on the Interstate and slammed into her vehicle’s rear end, sending it careening off the roadway and into the desert. Plaintiff suffered a severe traumatic brain injury as a result of the collision and underwent numerous subsequent surgeries. The investigating officer cited Ms. Shay as a contributing factor to the collision and the Defendant was arrested for driving a commercial vehicle with a BAC over .04. The case settled as Plaintiff’s motion to amend to allege punitive damages against both the defendant driver and the defendant’s employer was pending.