Kanyuck v. Progressive

$1M Verdict

Date of Verdict: Dec. 10.

Court and Case No.: C.P. Monroe.

Judge: David Williamson.

Type of Action: Motor vehicle.

Injuries: Multiple leg fractures and contusions.

Plaintiffs Counsel: Thomas Foley III, Foley Law Firm, Scranton.

Defense Counsel: G. Christopher Parrish of Forry Ullman, Bethlehem.

Defense Expert: John Dieckman, vocational, Malvern.

Comment:

A Monroe County jury has awarded $1 million to a man who was struck by a speeding vehicle in a parking lot.

The verdict was reached in Kanyuck v. Progressive. Progressive Northern Insurance Co. will pay $1 million to the plaintiff Stanley Kanyuck, who settled with the driver, Agnes Hamilton, prior to the trial, according to the firm representing the plaintiffs.

Hamilton, who has since moved to Scotland, had a policy with Liberty Mutual for $250,000 to $500,000 in coverage. Progressive is the automobile insurer for Kanyuck.

According to the plaintiffs' pretrial memorandum, on April 4, 2017, Hamilton, then 80, was speeding in her Nissan Rogue SUV through the parking lot of Ahart's Market where Stanley Kanyuck, then 43, and his father, Stephen Kanyuck, then 72, were walking. Hamilton allegedly hit the accelerator instead of the brake, crashing into a shopping cart corral and other vehicles, pinning the pair.

Stephen Kanyuck's injuries included multiple leg fractures and contusions. He settled for $500,000 at the outset of trial, according to his attorney.

Stanley Kanyuck also suffered multiple fractures as well as leg and ankle injuries, according to court papers. Stanley Kanyuck, formerly a security guard until the accident, is permanently disabled and forced to walk with a cane, the plaintiffs' court papers said. He requested approximately $702,000 in future lost income.

Progressive argued that Stanley Kanyuck's lost wage claims were inflated because he could perform nonstrenuous labor.

The defendant also noted vocational expert witness John Dieckman's assessment that Stanley Kanyuck's associate's degree in computers and his understanding of technology were factors in favor of gaining new employment.

"It was also noted that Mr. Kanyuck has experience with Microsoft Office and acknowledged no deficits with regards to aptitudes of reading and writing in[sic] math," the defendant's papers said. "Mr. Dieckman opined that Mr. Kanyunck clearly has an aptitude for computers and electronic communications which would suggest he has the ability to work in a wide range of sedentary positions."

Scranton-based Thomas Foley III represents the Kanyucks.

In an email, Foley said, "Progressive's offer was $100,000 of $325,000 in coverage. The verdict was $1,050,000. The case was tried by both Thomas J. Foley III and Michael J. Foley. Additionally, Kevin P. Foley secured a verdict of $800,000 on November 13, 2019 also in Monroe County against State Farm. The offer was $40,000 on $100,000 policy."

G. Christopher Parrish of Forry Ullman represents Progressive and did not respond to a request for comment.

—P.J. D'Annunzio, of the Law Weekly