Monahan Law Blog

Delaware County Motorcycle Accident Cases Settles in Philadelphia

A lawsuit over a two-vehicle accident in Delaware County resulted in a $2.75 million settlement in Philadelphia County for a motorcyclist who was thrown from his motorcycle after another driver made a left turn into the path of his travel.

Plaintiff John Rowan was driving his motorcycle westbound in the right lane of Baltimore Pike, near Springfield Township in Delaware County, July 26, 2006, when Stephen Lex drove his father's company's truck into Rowan's path of travel, according to the plaintiff's pretrial memorandum.

Rowan hit the side of the truck as he was thrown from the motorcycle. Witnesses said Lex turned approximately five feet in front of Rowan's motorcycle, plaintiff's memorandum said.

The defense said that Rowan was proceeding in the left lane and swerved into the right lane to avoid a vehicle that was traveling in the same direction and was intending to make a left turn, the defense memorandum said.

Rowan, now 64, fractured his right collar bone, one of his pelvic bones, his right hip bone, multiple bones in his foot, a bone in his elbow and his left wrist, the plaintiff's memorandum said. Rowan also had injuries to some of his spinal discs, including disk herniations at L4-5 and L5-S1.

Rowan had surgery March 1, 2007, to try to fuse his unhealed collar bone. Rowan also had a problematic healing for his broken pelvic bone. Rowan also needed surgery for his left wrist fracture. Rowan also suffered depression, anxiety, insomnia and post-traumatic stress disorder, the plaintiff's memorandum said.

Rowan had been working as an outside sales representative for a flooring company making $95,000 a year, as well as bonuses, prior to his accident, the plaintiff's memorandum said. He had enjoyed exercising, riding his motorcycle and playing guitar.

According to the defense, their medical expert conceded Rowan had multiple injuries but believed that Rowan could continue his sedentary sales job, the defense memorandum said.

Lex had $1 million policy limit with Erie Insurance Company, the defense memorandum said.

Rowan also was able to get social security disability and Medicare, Messa said.

The case was able to stay in the Philadelphia Court of Common Pleas because Lex Electric does business in Philadelphia, Messa said.

Messa also said that a judge pro tem in the Court of Common Pleas, Tom Kline of Kline & Specter, was key to settling the case early on following a judge pro tem conference. Usually, it is only smaller cases of $50,000 to $100,000 that settle in the JPT conferences, he said.

Defendants offered $750,000, and the plaintiff demanded $5.5 million, according to court papers.

As of July, plaintiff estimated he had damages of $2.4 million to $3 million, including medical costs and loss of past and future earnings.

Labels: accident, settlement, motorcycle, auto, wrist, fracture, post traumatic, stress, depression, broken, pelvis, anxiety, insomnia, disc, herniation