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$4 million awarded for Route 115 accident

Attorney Ciarimboli has helped achieve settlements on behalf of his clients in excess of $30 million dollars in personal injury, medical malpractice and wrongful death suits.

When a jury awarded a Wilkes-Barre man $4 million for injuries caused by a crash with an overweight tractor-trailer on State Route 115, attorney Edward Ciarimboli hailed it as a strong message that truckers must stay off the steep road.

As if to punctuate that message, another rig turned over Wednesday morning in the same spot where Ciarimboli’s client, Henry Gfroehrer, had been hit in June 2007.

Gfroehrer filed the suit in 2009, contending that a rig driven by Steven Calice of Binghamton, N.Y., was 36 tons heavier than the 21,000-pound weight limit of State Route 115, and that Calice had a long record of poor training and performance as a driver.

During depositions, Ciarimboli noted, Calice admitted he did not know the definition of a ton.
According to the complaint filed in federal court, Gfroehrer was delivering furniture for Eynon Furniture Outlet, heading off East Mountain Boulevard south on route 115 when Calice was coming down the highway in a tractor-trailer that “was out of control” with the brakes “smoking and on fire.”

Calice ran the red light, hitting the driver’s side of Gfroerer’s Isuzu
Ciarimboli and his law partner attorney Greg Fellerman argued that, not only was the truck grossly overweight but that Calice had been poorly trained by the company that employed him, Werner Enterprises Inc. of Omaha, Neb.

“It came out that he had failed in a number of areas of training,” Ciarimboli said. “Two of his trainers threw him off of their truck because they were essentially worried about safety.
The initial suit was filed by Gfroehrer and Andrew Skeleton of Avoca, a passenger in the Isuzu. Ciarimboli said Skeleton – whom his firm did not represent – settled out of court.
Gfroehrer’s case went to trial Nov. 11, and the jury reached a verdict Tuesday following about three hours deliberation, Ciarimboli said.

The jury awarded $145,000 for past medical expenses, $750,000 for future medical expenses, $135,000 for loss of past earnings, $700,000 for loss of future earnings, and $2.27 million for “past and future pain and suffering, including embarrassment and humiliation, loss of ability to enjoy the pleasures of life, and disfigurement.”

“I said in my closing arguments that they were speaking for their community and the safety of their community,” Ciarimboli said. “They were telling these trucks and trucking companies ‘stay off that road, it’s a bad road. It can be a dangerous road.’ ”

Township police said Wednesday that the driver of a tractor-trailer lost control while traveling down 115. The rig rolled over and clipped a vehicle near East Mountain Boulevard.
The driver of the tractor-trailer, whose name was not released, was transported to a hospital for minor injuries, police said.

Read more: “Accident victim awarded $4 million” via Citizens Voice

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With more than 40 years of combined experience, the personal injury attorneys at Fellerman & Ciarimboli strive to provide the best service to clients in Philadelphia, Northeast Pennsylvania, and throughout the Keystone State.





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