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Toledo, Ohio truck accident attorneys obtain $1.25 million verdict for trucking accident victim who lost leg


Posted on Aug 26, 2009

On April 21, 2002, our client Sean McMahon, an over-the-road trucker, was parked late at night at the Stony Ridge truck stop in Wood County. He left his truck and observed a fight between one truck driver in the parking lot and another truck driver who was within his tractor-trailer. The truck driver behind the wheel lunged his truck forward, and knocked the other trucker to the ground. Our client noticed that downed trucker was in the path of the trailer and managed to push him to safety. Unfortunately, at the same time, the trailer ran over Mr. McMahon’s lower right leg. The trucking accident ultimately caused his leg amputation.

Suit was filed in the Wood County Common Pleas Court against both the trucking company and its driver. The driver never responded, and we were able to obtain a judgment of $2,790,162 in compensatory damages and $500,000 in punitive damages against the driver, an amount that has since gone unpaid.

The trucking company employing the at-fault driver
refused to accept any liability for the wrongful acts of its employee that caused the trucking accident and our client’s personal injury. It convinced the trial judge to dismiss our client’s case against them on the basis that trucking company didn’t condone the at-fault truck driver’s acts, and further argued that the at-fault driver was acting on his own and not furthering any company business.

The appeals court reversed the trial court dismissal, finding that the trial judge improperly ruled that the at-fault driver intended to injure our client or the victim our client was trying to save. There was no evidence in the record to support this finding.

The reinstated case was set for trial on September 30, 2008, in Bowling Green, where a $1.25 million jury verdict was awarded.

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We represent Ohio personal injury clients from Toledo, Maumee, Delta, Port Clinton, Bowling Green, McClure, Napoleon, Helena, Fremont, Fostoria, Tiffin, Cygnet, North Baltimore, Ottawa, Findlay, Carey, Bryan, Sandusky, Swanton, Perrysburg, Grand Rapids, Waterville, Liberty Center, Portage, West Millgrove, Woodville, Genoa, Gibsonburg, Findlay, Risingsun, Deshler, Hamler, Oregon, Sylvania, Delta, Weston, Oak Harbor, Port Clinton, Clyde, Lorain, Ottawa Hills, Rossford, Millbury, Walbridge, Holland, Northwood, and Whitehouse. We also serve those who live in Lucas, Wood, Seneca, Lorain, Fulton, Erie, Hancock, and Sandusky Counties.



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Charles Boyk Law Offices, LLC
PNC Bank Building
405 Madison Avenue
Suite 1200
Toledo, Ohio 43604
Phone: 419.241.1395
Fax: 419.241.8731
Toll Free: 800.637.8170
Get Directions

Bowling Green
121 E. Wooster Street,
Suite 255
Bowling Green, Ohio 43402 *by appointment only, please
Get Directions

South Toledo
5301 Southwyck Boulevard
Suite 107
Toledo, Ohio 43614 Get Directions

Findlay
612 Main Street,
Suite 107
Findlay, Ohio 45840 Get Directions

Swanton
10725 Airport Highway
Swanton, Ohio 43558 Get Directions

Charles Boyk Law Offices, LLC
PNC Bank Building
405 Madison Avenue
Suite 1200
Toledo, Ohio 43604
Phone: 419.241.1395
Fax: 419.241.8731
Toll Free: 800.637.8170

Bowling Green
121 E. Wooster Street,
Suite 255
Bowling Green, Ohio 43402
*by appointment only, please

South Toledo
5301 Southwyck Boulevard
Suite 107
Toledo, Ohio 43614

Findlay
612 Main Street,
Suite 107
Findlay, Ohio 45840

Swanton
10725 Airport Highway
Swanton, Ohio 43558

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