Wittmer & Linehan Obtain One of Sarasota’s Largest Injury Settlements
On March 16, 2012, Dustin McConnell was sitting on the edge of the curb alongside US-41 at the intersection of Shamrock Boulevard. Michael McGurer was driving a 2006 GMC truck owned by Asplundh Tree Expert Company. As Mr. McGurer approached the intersection, traffic came to a stop in front of him. Mr. McGurer failed to see that the vehicles had stopped. To avoid a collision, Mr. McGurer swerved his truck to the right then veered back to the left, causing his truck to overturn onto its right side and land on top of Dustin.
The driver of the Asplundh truck claimed the brakes did not work and, therefore, he was unable to avoid the accident.
Thankfully we were retained early in the case and were able to prove that just prior to the accident, the truck brake lights were never lit and neither the driver nor passengers, all Asplundh employees, ever complained to the investigating FHP trooper about brake failure! Finally, during our investigation, we were able to prove that the truck had a split brake system, which would have provided the vehicle with braking capability during this accident.
As a result of the accident, Dustin was left with numerous and extensive orthopedic injuries consisting of fractures of both superior and both inferior pubic rami, pelvic ring fractures, a right subtrochanteric femur fracture, a left intertrochanteric femur fracture and a bilateral pelvic fracture. Dustin had to undergo over 14 surgical procedures. After two years, Dustin had recovered from his orthopedic injuries but was left suffering from a chronic pain syndrome. As a result of this syndrome, Dustin will require lifetime medication to provide him with relief from his pain.
After we broke down any idea that brake failure was the cause of this accident, Asplundh faced the prospect that a Sarasota jury would render a large verdict against them. The company agreed to settle this claim for Four Million Two Hundred Thousand Dollars ($4,200,000.00). We appreciate the opportunity to represent such a fine young man and hope that you, your family, friends or clients will consider allowing us to represent them in times of need. Your case results matter.
