$700,000 Settlement for a 21-Year-Old Man Injured in a Roll-Over Accident

Derek Boland v. Glenna F. Brown, Norfolk Southern Railroad Company, Norfolk Southern Corporation, Norfolk and Western Railway Company, County of Chautauqua, New York and Town of Pomfret

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On September 13, 2001, the Plaintiff, 21-year-old Derek Boland, sustained serious bodily injuries as a result of a rollover accident. At the time of the accident, Mr. Boland was a passenger in a vehicle being driven by Steven Brown. When the vehicle being driven by Mr. Brown was crossing over a set of railroad tracks on Berry Road in Pomfret, the driver lost control. The vehicle went airborne and eventually landed on its hood—slamming into a tree. Mr. Boland was consequently ejected out of the vehicle. Tragically, the forceful impact of the collision killed the driver.

As a result of the collision and ejection, Mr. Boland fractured his pelvis and suffered injuries to the nerve in his right leg, resulting in deep vein thrombosis and loss of feeling below the region of his right calf. Mr. Boland underwent surgical intervention to repair his fractured pelvis and required the placement of a Greenfield Vena Cava filter in his neck for the deep vein thrombosis. Deep vein thrombosis is a serious medical condition that occurs when a blood clot forms in a vein located deep inside your body, typically in one of the legs. A Greenfield Vena Cava filter is a device that traps blood clots and prevents them from traveling towards the heart and lungs.

Jed Dietrich, Esq. aggressively fought to obtain a settlement of $700,000 in compensation for Mr. Boland’s injuries by suing the owner of the vehicle, Glenna Brown; the owner of the railroad tracks, Norfolk Southern Railroad Company; the railroad’s corporate aliases, Norfolk Southern Corporation and Norfolk and Western Railway Company; and the County of Chautauqua and the Town of Pomfret. Jed Dietrich, Esq. argued that Mr. Boland’s injuries were caused by Mr. Brown’s negligent operation of the vehicle combined with negligent maintenance of the railroad tracks and potholes between the tracks on Berry Road that caused Mr. Brown to lose control of the vehicle.

The defense attorneys on this case argued that Mr. Brown was driving recklessly and that he alone was the cause of the collision, rather than the condition of the railroad tracks. The defense brought forward information advising that Mr. Brown was traveling around 70 miles per hour in a 55 mile per hour zone with a 15 mile per hour advisory speed limit. Additionally, the defense discounted the injuries sustained by Mr. Boland and stated that his injuries to his legs were more a result of his weight than the collision.

Jed Dietrich, Esq. successfully maintained his argument against all of the defendants by claiming that Mr. Brown was negligent in his operation of the vehicle, but had it not been for the potholes on the railroad tracks, Mr. Brown may not have lost control of his vehicle and the collision may not have occurred.

As a result of Jed Dietrich, Esq.’s aggressive and tenacious advocacy and the use of a railroad operations expert, he was able to secure a $700,000 settlement for Mr. Boland. The settlement included a $325,000 contribution from the railroad, a $275,000 contribution from the County of Chautauqua and a $100,000 contribution from Glenna Brown, the owner of the vehicle that Mr. Boland was in on September 13, 2001.

Past results do not guarantee future outcomes.

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Call the Dietrich Law Firm P.C. immediately at (716) 839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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