Case Results

A motorist suffered massive facial fractures, the loss of an eye and psychological problems when her car ran into a tractor-trailer that was blocking the highway. As the 40-foot-long tractor-trailer was backing into a parking lot, it blocked the westbound lane. The evening was dark and there were no streetlights. While Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., believed they had a strong case, uncertainty regarding the jurors’ potential view of the case facilitated the decision to go to arbitration. Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., argued that the truck driver chose the least safe option for entering the parking lot. In addition, there were no spotters to warn oncoming traffic and no reflective tape on the sides of the vehicle. The lack of skid marks at the scene and other evidence suggested that the injured driver didn’t see the tractor-trailer. The arbitrator’s final judgment took into account the degree of responsibility held by each of the parties involved for the accident.

A 41-year-old man with Down’s syndrome died while being restrained by employees of the facility where he resided. Employees alleged that he was being aggressive with other residents and needed to be physically restrained. Despite signs of distress, the defendants continued to restrain the man until he died of asphyxiation. Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., argued at trial that the facility and its employees were negligent in failing to follow their own policies, and were directly responsible for the death of the law firm’s client. After one week at trial, the defendants elected to settle the case.