Waller v. Shah
Date of Verdict: March 5.
Court and Case No.: C.P. Montgomery No. 2017-17767.
Judge: Garrett D. Page.
Type of Action: Motor vehicle.
Injuries: Back, neck, shoulder injuries.
Plaintiffs Counsel: Michael A. Pungitore, Spear, Greenfield, Richman, Weitz & Taggart, Philadelphia.
Plaintiffs Expert: David Smith, physical medicine; Sicklerville, New Jersey.
Defense Counsel: Michael J. Lyon, Walsh Pancio, Lansdale.
Defense Expert: Marc Manzione, orthopedic surgery, Huntingdon Valley.
On Dec. 17, 2016, plaintiff William Waller, 42, a truck driver, was driving north on Interstate 476, near Lansdale. His sedan struck a disabled car head-on. Waller claimed injuries to his neck, shoulder and back.
Waller sued the driver, Mahek Kishor Shah. Waller alleged that Shah was negligent. Just prior to the accident, Shah was driving north on Interstate 476 during a snowstorm; he lost control of his vehicle and spun out on the road. The front of his vehicle faced oncoming traffic when Waller crashed into it. Waller’s counsel argued that Shah was negligent for failing to use more caution when driving in the inclement weather, and for not properly relocating his disabled vehicle in a safer area so that Waller would not strike it.
The defense argued that Shah was exercising caution while driving in the snowy conditions, and that it was no fault of his own that he lost control of his car. Upon doing so, he attempted to pull over his vehicle to the right side of the road as much as possible, but he was limited, since there was no shoulder. Additionally, he activated his emergency flashers. The defense also maintained that Waller was comparatively negligent.
The defense asserted that Waller should have seen Shah’s disabled vehicle and should have taken evasive measures to avoid hitting it.
Waller’s counsel noted that although Shah claimed to have activated…