Breier v. Samok

Defense Verdict

Date of Verdict: June 26.

Court and Case No.: C.P. Bucks County No. 2015-03974.

Judge: Robert J. Mellon

Type of Action: Motor vehicle/pedestrian.

Injuries: Ankle fracture.

Plaintiffs Counsel: Thomas J. Hornak, The Law Offices of Goldsmith, Hark, and Hornak.

Defense Counsel: John J. McGrath, Palmer & Barr, Philadelphia.

Comment:

On Nov. 27, 2012, at 5:45 a.m., plaintiff Joel Breier, 60, a waste-management worker, was collecting trash on Durham Road, in Newtown. He asserted that he was standing on the shoulder of the southbound lane when he was struck by the passenger's side mirror of a pickup truck. The impact caused him to fall and suffer an ankle fracture.

Breier sued the driver, Michael Samok, and his company, M. Samok Quality Home Maintenance, alleging that he was negligent in the operation of a vehicle.

Breier testified that he did not know whether Samok's truck had entered the shoulder where he was standing, only that he was struck by the truck's mirror.

Breier's counsel argued that Samok should have seen Breier, since he was wearing reflective clothing, and could have avoided striking him.

Samok denied liability. He maintained that he did not see or strike Breier.

According to Samok, who had been traveling in the southbound lane, he saw the waste-management truck stopped in the northbound lane. He slowed down while another vehicle went around the truck and entered Samok's lane, and then returned to the northbound lane. Samok then drove forward, at which point he heard a bang on the passenger's side of his truck. He stopped and saw Breier on the ground near a trash can. The passenger's side mirror on the truck was broken off.

Samok's counsel maintained that, most likely, the side mirror hit the trash receptacle that Breier was holding, based on the damage to the mirror. Additionally, given Breier's position while he collected the trash receptacle, in which the side of his body would be facing the southbound lane, Samok would not have seen his reflective clothing.

Samok testified that he never left the travel lane, nor was Breier standing on the shoulder as he approached.

The defense contended that Breier was not attentive and pushed the trash receptacle into the side of Samok's passing truck.

Breier suffered an ankle fracture. The injury required open reduction and internal fixation surgery, in which a plate and screws were implanted. He also treated with physical therapy. Breier was unable to return to work following the accident.

The parties agreed to try the case only on liability, and negotiated a high/low stipulation: If the jury found in favor of the plaintiff, he was entitled to the defendant's $100,000 insurance policy, but if the jury found in favor of the defendants, the plaintiff would receive zero damages.

Testimony and evidence about Breier's injuries and treatment were not presented to the jury.

The jury rendered a defense verdict.

This report is based on information that was provided by defense counsel. Plaintiffs counsel did not respond to calls for comment.

—This report first appeared in VerdictSearch, an ALM publication.