Experience and knowledge are the keys to success when defending commercial motor vehicles and their insurers in motor vehicle accident litigation, freight claims and insurance coverage disputes. At RAWLE & HENDERSON, the Commercial Motor Vehicle Section is composed of more than twenty attorneys who focus their practice on commercial motor vehicle defense. The attorneys in this group defend the owners of commercial motor vehicles and their insurers on a daily basis; not as part of their practice, but as their primary practice. Aggressive defense and frequent reporting are the hallmarks of this practice group.
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The attorneys in the Commercial Motor Vehicle Section have experience in federal and state court litigation and they know the problems facing the industry today. The attorneys are active members in transportation-related organizations, such as the Trucking Industry Defense Association (TIDA), Transportation Lawyers Association (TLA), Commercial Transportation Litigation Committee of the American Bar Association (ABA), American Trucking Association Litigation Center (ATA), Trucking Law Committee of the Defense Research Institute (DRI), the Conference of Freight Counsel and the Pennsylvania, Delaware and New Jersey Motor Truck Associations.
This team of trial attorneys defends commercial motor vehicle cases in all of the federal and state courts of Pennsylvania, New York, New Jersey and Delaware. Additionally, they have been requested by clients to defend lawsuits in other states such as Connecticut, Rhode Island, Massachusetts, Maryland, Virginia, West Virginia, and Florida.
The Commercial Motor Vehicle Section at RAWLE & HENDERSON publishes a monthly newsletter, the Transportation Law Update, as a service to its clients and the industry. The newsletter provides timely articles on new trends in the law and the potential impact of these developments on litigation concerning the industry. In addition, State Law Summaries for Pennsylvania, New York, New Jersey and Delaware have been prepared which outline significant laws that affect commercial motor vehicles operating in those jurisdictions. The Transportation Law Update and State Law Summaries are available on this website.
The Commercial Motor Vehicle Section attorneys are accessible 24 hours a day, 7 days a week to respond to any emergency that arises after customary business hours at 888-RAWLE-10 or 888-729-5310.
Representative Cases
Estate of Warner v. J.B. Hunt Transport
Philadelphia Court of Common Pleas
• defendant making left turn into roadway
• side underride fatality
• decedent with 0.245 blood alcohol content
• jury verdict for defendants
Battestelli v. Werner Enterprises, Inc, Richard Zeutschel and Corey Arana
Court of Common Pleas, Montgomery County, PA
• 22-year-old plaintiff passenger
• traumatic brain injury, fractured skull
• initial demand $7.5 million
• jury verdict for defendant
Walsh, et al. v. Werner Enterprises, Inc., et al.
U. S. District Court for the Eastern District of Pennsylvania
• plaintiffs claimed a variety of injuries
• settlement demand over $1 million; $5 million demand prior to trial
• jury verdict for defendant
Knoch v. J.B. Hunt Transport, Inc.
U.S. District Court for the Middle District of Pennsylvania
• plaintiff sustained life threatening abdominal injuries, including a mesenteric artery tear, a broken knee cap, an ankle fracture and an achilles tendon tear
• seven surgical procedures
• settlement demand well in excess of $1 million
• jury verdict for defendant
Grace v. Werner Enterprises, Inc. et al.
U.S. District Court for the Middle District of Pennsylvania
• plaintiff claimed cervical whiplash with myofascial pain, lumbar disc syndrome with right-sided sciatica, L4-5 disc bulge, right lateral L3-4 and L5-S1 disc protrusions, right arm numbness and tingling, and right carpal tunnel syndrome
• settlement demand of $150,000 prior to trial
• jury awarded damages of $35,000
Vargo v. Werner Enterprises, Inc.
U.S. District Court for the Middle District of Pennsylvania
• 18-year-old female plaintiff
• multiple fractures to the pelvis requiring a metal plate and eight screws, fractured ribs, a lacerated spleen, lacerated kidney, a right clavicle fracture, and puncture wound of the left thigh resulting in a 10" scar
• disputed lane change accident
• jury verdict for defendants
Vitale v. Celadon Trucking Services
U.S. District Court for the Eastern District of Pennsylvania
• 20-year-old male plaintiff
• permanent brain injury
• settlement demand $3 million
• jury verdict for defendants
David v. Swift Transportation Co.
U.S. District Court for the Eastern District of Pennsylvania
• plaintiff was truck driver who stopped to assist Swift driver; plaintiff was under the trailer helping to install a pin at the rear tandem when the truck moved and allegedly injured plaintiff
• defense was hampered by the fact that the court had to rely on the plaintiff’s version of the accident because Swift’s driver no longer worked for Swift and he could not be found
• initial demand of $750,000; prior to trial, demand lowered to $350,000
• at trial, plaintiff was found to be 25% negligent and the jury’s verdict was $75,000
Simon v. Abele Tractor & Equipment, et al.
Supreme Court of New York for Westchester County, NY
• alleged defect in braking system of truck owned and leased by client defendant
• plaintiff sustained traumatic brain injury, comminuted tibia and fibula fractures requiring surgical intervention, rib fractures, herniated cervical and lumbar discs as well as other injuries and damages
• plaintiff settlement demand $4.5 million
• jury verdict for defendant
Thomas A. Finn v. J.B. Hunt Transport, Inc.
U.S. District Court for the District of New Jersey
U.S. Court of Appeals for the Third Circuit, Philadelphia, PA
• 62-year-old male plaintiff
• alleged wrongful termination of employment based on age discrimination, intentional infliction of emotional distress, and breach of contract
• initial demand of $2.5 million
• summary judgment for defendant at District Court level; affirmed by Third Circuit Court of Appeals
Vitaioli v. J.B. Hunt Transport
U.S. District Court for the Middle District of Pennsylvania
• admission of liability
• multiple sclerosis; cervical laminectomy and depressive disorder
• jury verdict for defendants
Orlando v. A & R Transport
Philadelphia Court of Common Pleas
• herniated lumbar disc
• aggravation of avascular necrosis requiring core
de-compression surgery and total hip replacement
• jury verdict for defendants
Wysocki v. Apache Transport
U.S. District Court for the Eastern District of Pennsylvania
• 26-year-old single mother
• brachial plexus injury
• two surgical procedures
• jury verdict for defendants
Publications
Transportation Law Update, Volume 13, Number 2
NEW YORK: RANDOM DRUG TESTS: POTENTIAL LIABILITY. By: Robert A. Fitch and David B. Sherman. Department of Transportation regulations deem random drug testing necessary to ensure that commercial motor vehicle operators perform their duties in the safest possible manner.
Transportation Law Update, Volume 13, Number 1
PENNSYLVANIA / CONNECTICUT: Log Violations Before Restart. By: Gary N. Stewart and David R. Chludzinski. Frequently, plaintiffs bring liability claims directly against a trucking company for the negligent hiring, supervision, monitoring, instructing and entrusting of the driver of the involved tractor-trailer.Transportation Law Update, Volume 12, Number 11
PENNSYLVANIA: DEFENSE VERDICT. By: Jon Michael Dumont. On Monday, August 30, 2004 at approximately 4:25 p.m., James Battestelli, a college senior, sustained a traumatic brain injury when he was the front-seat passenger in the 1989 Cadillac of his 16-year-old friend, Corey Arana, who struck the rear of a tractor trailer which was owned by Werner Enterprises, Inc. and driven by Richard Zeutschel on Interstate 476 north in East Penn Township, Carbon County, Pennsylvania.Transportation Law Update, Volume 12, Number 10
NEW YORK: ONTARIO DAMAGES CAP APPLIED TO NEW YORK ACCIDENT. By: James A. Wescoe. Those who practice and travel in New York and New England are well aware of the proliferation of Canadian-based bus and trucking companies in the region.Commercial Motor Vehicle Brochure
The firm defends commercial motor vehicles and their insurers in accident litigation, insurance coverage disputes and freight claims.Transportation Law Update, Volume 12, Number 9
NEW JERSEY, EMPLOYMENT LAW. Affirmed! By: Carianne P. Torrissi. Plaintiff Tom Finn was initially hired as a driver by J.B. Hunt Transport, Inc. in December 1992 at the age of 48.Transportation Law Update, Volume 12, Number 8
PENNSYLVANIA 2011 SUPER LAWYERS. Rawle & Henderson LLP is pleased to announce that Timothy J. Abeel and Gary N. Stewart were named 2011 Pennsylvania Super Lawyers by Law & Politics and the publishers of Philadelphia Magazine.Transportation Law Update, Volume 12, Number 7
NEW JERSEY - INSURANCE COVERAGE - WHEN A SETTLEMENT IS NOT A SETTLEMENT. By: James A. Wescoe. Can the insurance company rescind its agreement to fund the settlement?Transportation Law Update, Volume 12, Number 6
PENNSYLVANIA - 1% RULE DEAD! - By: Gary N. Stewart. On June 28, 2011, Governor Tom Corbett signed tort reform legislation in Pennsylvania, limiting liability for negligence of defendants in certain civil court cases, such as trucking/motor vehicle actions.Transportation Law Update, Volume 12, Number 4
NEW YORK - DEFENSE VERDICT - By: Jon Michael Dumont. Simon v. Abele Tractor & Equipment, et al., Supreme Court of New York for Westchester County, NYTransportation Law Update, Volume 12, Number 3
NEW YORK - LOSS OF FUTURE INHERITANCE - By: Robert A. Fitch and James R. Callan. In the pending case of Curtin v. J.B. Hunt Transport, Inc., Rawle & Henderson attorneys Robert A. Fitch and James R. Callan successfully appealed the trial court's decision excluding from evidence a buy-sell agreement executed by plaintiff's decedent.Transportation Law Update, Volume 12, Number 2
PENNSYLVANIA - IS YOUR TRUCK DRIVER A "PROFESSIONAL DRIVER"? By: Gary N. Stewart and Michael T. Traxler. Truck drivers take pride in transporting freight for the benefit of the citizens of this country and the world beyond.Transportation Law Update, Volume 12, Number 1
PHILADELPHIA - JUDICIAL HELLHOLE - By: Nigel Greene. The ninth annual survey conducted by the American Tort Reform Association (ATRA) ranked Philadelphia first on its list of "judicial hellholes."Rawle’s Reports, Volume 14, Number 10
COMMERCIAL MOTOR VEHICLE - CONNECTICUT - IN THE RECORDS - By: Gary N. Stewart. On June 4, 2005 at about 5:00 a.m., Rolando Vega was returning home with his family from a night at a casino. The weather was clear and alcohol was not a factor.News & Events
Pennsylvania Defense Verdict in CMV Case
11/16/11
Defense verdict in Battestelli v Werner EnterprisesDefense Verdicts: Commercial Property Damage Case, Commercial Motor Vehicle Case
09/08/11
J. Fred Lorusso, an attorney in Rawle & Henderson’s Philadelphia office, recently obtained a defense verdict in a four-day commercial property damage case before a jury in the Philadelphia Court of Common Pleas.2011 Super Lawyers
08/11/11
2011 Super Lawyers, 07/21/11. Rawle & Henderson LLP is proud to announce that 16 attorneys were named 2011 Pennsylvania Super Lawyers by Law & Politics and the publishers of Philadelphia Magazine.American College of Transportation Attorneys
06/15/10
AMERICAN COLLEGE OF TRANSPORTATION ATTORNEYS - Timothy J. Abeel, Chair of Rawle & Henderson’s Commercial Motor Vehicle group, is a founding member of the newly formed American College of Transportation Attorneys (ACTA).Wescoe to chair and speak at TIDA Cargo Seminar
03/09/12
James Wescoe, Chair of the Trucking Industry Defense Association (TIDA) Cargo Claims Committee, will chair and speak at the TIDA Cargo Seminar in Tempe, AZ, on March 9, 2012.Wescoe Speaks at September 2011 TIDA Cargo Seminar in Cleveland
09/21/11
James A. Wescoe, Chair of the Trucking Industry Defense Association (TIDA) Cargo Claims Committee, spoke at the TIDA Cargo Seminar Back to Basics in Cleveland, OH, on September 21, 2011.Segal Addresses NJ Motor Truck Association in May 2011
05/12/11
Jeffrey A. Segal addressed the New Jersey Motor Truck Association on May 12, 2011 on “Commercial Vehicle Accident Investigations: Reduce Your Risks & Contain Costs.”Wescoe Organizes March 2011 TIDA Cargo Seminar
03/28/11
James A. Wescoe organized the Trucking Industry Defense Association (TIDA) Cargo Seminar in Tempe, AZ in March 2011.