Complaint Underlying $3 Million Settlement In Wrongful Death Action Against Truck Driver And His Employer
In the afternoon of Oct. 14, 2011, James Fida, II was operating a Ford F250 pickup truck and towing a piece of construction equipment westbound on SR 322 in Delaware County, PA. The vehicle was owned and registered to George J. May, Inc. As he approached the intersection of Mattson Road, Helen Choi, also westbound on SR 322, stopped ahead of him to make a left hand turn onto Mattson Road. At the same time, George Ladkani Cordero, was traveling eastbound on SR 322 approaching Mattson Road from the opposite direction of Fida. Ladkani was being followed by Daniel Lobascio. Fida crashed into the rear-end of Choi. He then crossed over into the oncoming traffic and hit Ladkani's head on. Ladkani's vehicle was then hit from behind by Lobascio's vehicle and spun off the road.
Ladkani suffered catastrophic injuries, was pinned in his vehicle and died a short time afterwards from multiple blunt force injuries. At the time of the accident, Ladkani had three children in Puerto Rico ranging in age from 10 to 26 and his girlfriend in Columbia, South American was pregnant.
On Oct. 10, 2013, George M. Ladkani Nieves filed a wrongful death and negligence complaint individually and as the administrator of Ladkani's estate in the U.S. District Court for the Eastern District of Pennsylvania. He named the following as defendants: George J May, Inc., James Fida, II, Helen Choi, and Daniel Lobascio. Plaintiff alleged that the other drivers had been negligent and that George J . May, Inc. was liable under theories of respondeat superior, negligent hiring, and negligent entrustment. On April 14, 2015, the action was transferred to the Pennsylvania Court of Common Pleas for Delaware County following a dismissal of the federal action for lack of jurisdiction. Following the transfer, the action was assigned to Judge G. Michael Green.
According to information provided by plaintiff's counsel, plaintiff maintained that Fida was operating the vehicle under the influence of a controlled substance and that he was grossly negligent with respect to the operation of his vehicle. Plaintiff further contended that Fida was operating the vehicle within the scope of his employment by George J. May, Inc. With respect to damages, plaintiff contended that Ladkani survived at the scene for approximately ten minutes during which time, he experienced severe conscious pain and suffering. Plaintiff further alleged that Ladkani had a lost earning capacity of between $ 692,000 and $ 989,000, that the children were entitled to be compensated for their loss of parental guidance, and that plaintiff was entitled to punitive damages from both Fida and George J. May, Inc.
Defendants, however, contended that Ladkani was under the influence of methamphetamines at the time of the accident and that he did not sustain any conscious pain and suffering. They further contended that Mr. Ladkani's lost earning capacity was only $ 232,000.
On Aug. 10, 2016, a petition was filed for judicial approval of the parties' settlement, and on Sept. 12, 2016, an order was entered approving the settlement. Plaintiff agreed to accept $ 2,972,000.00 from George J. May, Inc. and James Fida, II, which was 100% of the available insurance coverage. Choi and Lobascio did not contribute to the settlement.
Plaintiff was represented by Joseph Sullivan of Sullivan & Brill, LLP, New York New York. Defense counsel included Brian J. McNulty and
Mark T. Riley of Marshall, Dennehey, Warner, Coleman & Goggin, King Of Prussia, Pennsylvania; Francis T. McDevitt of Naulty, Scaricamazza & McDevitt, LLC, Marlton, New Jersey; Daniel S. Boyle of Brooks, Bradley & Doyle, Media, Pennsylvania; and John I. Gordon of John Gordon Law, Lafayette Hill, Pennsylvania.
Lexis Advance subscribers may view the complete summary here: George M. Ladkani Nieves, As Administrator of The Estate of George G. Ladkani Cordero, and George M. Ladkani Nieves, Individually, v. George J. May, Inc., James Fida, II, Helen Choi, and Daniel Lobascio; 2016 Jury Verdicts LEXIS 7642
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