Trial Magazine

James DeFrancesco, a 53-year-old man who owned his own trucking company, parked his tractor-trailer for the night at a Georgia truck stop. He was awakened when an adjacent tractor-trailer became stuck to his rig after turning too sharply while pulling out. DeFrancesco opened his door and fell to the pavement while the other truck attempted to become unstuck. The other driver broke free and started to drive off. DeFrancesco ran after the truck and jumped on its low bumper bar, holding on with one hand and yelling at the driver to stop. The driver then hit a dip or tapped his brakes, causing DeFrancesco to fall off the rig.

DeFrancesco suffered a lumbar disk protrusion at L3-4, necessitating a laminectomy. He continued to experience pain that interfered with his ability to work, resulting in 795 missed work days and approximately $363,400 in lost income. His medical expenses totaled approximately $47,200.

DeFrancesco filed a direct action against Sentry Select Insurance Co., which insured the other truck. The defense asserted contributory negligence and assumption of risk.

The jury awarded $750,000, finding the plaintiff 40% at fault.

Citation: DeFrancesco v. Sentry Select Ins. Co., No. 1:18-cv-04795-SCJ (N.D. Ga. Feb. 18, 2022).

Plaintiff counsel: David Tuszynski and AAJ member Sara Sibley, both of Atlanta.