On November 23, 2005 a family was traveling northbound on Interstate 91, near Greenfield, Massachusetts, returning home following their annual Thanksgiving shopping. After stopping with traffic at a construction zone, suddenly their car was struck from behind by an 8-ton heavy-duty commercial truck traveling approximately 65-70 miles per hour. The great force of the collision demolished the family's Chevy Cavalier crushing a 2 1/2 year old child who was strapped into a car seat and causing his both parents numerous serious and permanent physical and psychological injuries some of which were life threatening.

     The child did not die on impact, he was able to survive for several minutes before losing his battle against his injuries.

     After being extracted from his vehicle, due to the severity of his injuries, the father was immediately air lifted by helicopter to an emergency room where had a long ICU course, during which he received treatment for many injuries including a blunt cardiac contusion, concussion, shattered right humerous involving the elbow joint, a left humerous fracture, multiple rib fractures, right pneumothorax, collapsed lungs, left leg pain and right shoulder pain. Upon release, he was transported by ambulance to a rehabilitation center where he stayed for almost one month. Since that time, he has received ongoing medical treatment for his physical and psychological injuries.

      Upon arrival, at the emergency room the mother's chief complaints included neck pain, right arm pain, pain in the back of her head and right hip pain. She was hospitalized for two days. Because early on she fell in and out of consciousness, a CT scan of her head scan was ordered. Throughout her stay, she complained of pain all over. Presently, she no longer receives medical treatment for her physical injuries but also continues to treat for her psychological injuries.

     Negotiations were difficult given the defense issues presented including whether the driver of the 8-ton heavy-duty truck was operating it under the course of his employment when allegedly using it to drive home, after having stopped at a bar to drink beer, and whether the employer was grossly negligent when management allegedly knew or should have known of the driver's right to operate a motor vehicle in the Commonwealth of Massachusetts was revoked for being a habitual traffic offender and allegedly knew or should have known the driver was operating the vehicle.

     The case settled for $2,350,000.00 after a full day of mediation despite the liability issues and having had no prior offers of settlement.