Crompton vs. Enterprise Leasing Co. vs. Ocean Bay Construction & Bon's Barricades, Inc.

Roadway Maintenance/Contractor Liability Case: Broward County Circuit Court.  The Plaintiff, a twenty-five year old white male was a rear seat passenger in a vehicle operated by a driver who was impaired. The driver struck seven barricades and then the rear of our insured’s truck that was used as part of the maintenance of traffic plan for the roadway which was under construction. Our insured, the contractor did not have a maintenance of traffic plan in effect on the evening of the accident (attempted to submit a back-dated plan), utilized the wrong index as a reference and a flat bed truck with a mounted arrow board was used as part of the maintenance of traffic plan. The truck did not have any underride protection, had a modification containing a cement mixer that extended the rear of the truck and an attenuator was not used. The driver and the front seat passenger were killed. The Plaintiff sustained a severe head injury and was left in a persistent vegetative state which required twenty-four hour attendant care. The past medical care for the Plaintiff exceeded $1,000,000 and the future medical care and treatment was projected at $13,000,000. Our defense was that the accident was caused by an impaired driver. The case settled after one month of trial for $900,000 as to our client. The vehicle owner paid $4,000,000 after the second week of trial which left us as the sole remaining defendant.