Levy Baldante Finney & Rubenstein shareholders, John W. Baldante and Martin G. Rubenstein, obtained a confidential $3.1 million dollar settlement in a personal injury action on behalf of a 35-year-old married father of four who was operating his minivan with his wife-passenger when a cinder-block transporting truck’s negligently elevated boom snagged a telephone wire cable, causing a telephone pole to snap, soar through the air, and penetrate the Plaintiff’s front windshield. The wooden utility pole entered the minivan’s driver/passenger compartment, violently shattering Plaintiff’s face, causing traumatic brain injury, a fractured skull, a fractured right eye orbit, and complete loss of vision in the right eye, along with additional catastrophic injuries. Discovery established that the operator of cinder-block hauling truck negligently failed to secure the elevated boom before traveling. In addition, the truck’s boom, hydraulics, and cradle had been inadequately maintained in the year leading up to the incident. The settlement represented the entirety of the liability and excess insurance coverage on behalf of the defendant cinder-block hauling truck company as well as contribution from the entity who maintained the truck’s boom, hydraulics and cradle.
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