Philadelphia Woman Who Was Pierced By Tree Limb Awarded $5M
Iva Peterson, a legally blind prison social worker, lost most of one leg after a branch from a falling tree impaled her as she was heading home from work in a SEPTA Paratransit van. She was awarded more than $5 million in damages in her personal injury lawsuit.
According to this article in the Philadelphia Daily News, Peterson is largely confined to a wheelchair because her right leg was amputated above the knee after the 2005 accident.
The 40-foot tree toppled from a median strip during high winds in March 2005 on a state road. The 8-inch tree limb crashed through the windshield of the Paratransit van, spearing Peterson’s leg and also injuring the van driver. Peterson had a long hospitalization and has been unable to return to her job.
The suit was settled this week on the basis that PennDOT and an engineering company under contract to inspect trees on state roads were negligent in not identifying the rotted tree and having it removed.
The settlement provided $240,000 from PennDOT, whose liability is capped by law at $250,000, and $4.8 million from SITE Blauvelt, the engineering company. Another firm settled separately for an undisclosed amount.
According to the article, urban trees are a risk in any area because of potential injury to pedestrians and passing vehicles and because high-tension wires could be knocked down.
Experts had determined the tree had physical evidence to show it was clearly a hazardous tree and had been hazardous for a long time.
If you suffered a serious injury due to the negligence of someone else, don't let your rights slip away. It is crucial to contact a skilled personal injury lawyer for help. When someone is determined to be legally responsible for injuring someone else, they are liable for the injury, and may be made to pay the injured person compensatory damages. Compensatory damages attempt to put an injured person back in the position he or she was in before being injured. In some cases, punitive damages are also awarded in these lawsuits. Punitive damages are intended to punish wrongdoers and prevent them from harming others.
The attorneys of Cherry, Fieger, and Marciano understand that your immediate goals after going through such trauma are to get your medical bills paid and covered, make sure you do not suffer financially through any lost wages, and make sure your insurance company will pay for future treatment relating to your injury. The Philly personal injury attorneys at will discuss your situation and go over the options available to you, as well as work with insurance companies and other parties involved in your case to make sure all your needs are handled quickly and appropriately.