James and Kathleen Newman v. DeSilva Gates and others
- Resolution Date:
- June 2002
- Practice Areas:
- Truck Accidents, Motor Vehicle Accidents, Head and Spinal Cord Injuries
- Synopsis:
- On August 3, 2001, a 75-ton off-road haul truck collided with a minivan at the intersection of Middle Harbor Drive and 7th Street in Oakland, California. Driving the minivan was Kathleen Newman, with her husband James Newman in the front passenger seat. An employee of Gallagher & Burke, the general contractor hired by defendant Port of Oakland, was driving the truck. The Gallagher & Burk truck driver failed to heed a signal to stop by the flagman, and entered the crossing just as the Newman's minivan was passing through the intersection, crushing the minivan. At the hospital, doctors diagnosed James Newman with abrasions and bruises to his chest and upper arm. Kathleen Newman did not suffer any lasting physical injuries because of the collision. James Newman took two weeks off work because of his injuries and then returned to work as a heavy-duty mechanic. After returning to work, James began to feel pain and numbness in his arm and hand and which became significantly worse with use. The firm contended that because of his injuries James Newman was not able to continue working in a safe manner and that his employer was in the process of terminating him. Shortly before trial, James was fired from his job. The matter settled before trial.
- Attorneys:
- Eustace de Saint Phalle
- Resolution:
- $2.8 Million