News & Publications

ZK Results – Jury Trial Defense Verdict for Attorney John W. Zotter

On July 18, 2018, a Westmoreland County jury returned a defense verdict in favor of a Zimmer Kunz client represented by Shareholder, John W. Zotter.  The lawsuit arose out of an accident wherein the Plaintiff, a pedestrian, was struck by the front of the Defendant’s vehicle on South Maple Avenue in Greensburg, Pennsylvania.  Plaintiff sustained multiple orthopedic fractures that required initial treatment at a Level 1 Trauma Center followed by a lengthy inpatient stay.  The lawsuit included a claim for punitive damages.  Pre-trial settlement demand was $1,000,000.  No settlement offer was made on the case.  At trial, Plaintiff contended that he was struck while crossing the street in a cross-walk.   The Defendant asserted that the Plaintiff was not in a cross-walk and entered the roadway in a manner that gave rise to a “sudden emergency” for the Defendant.  Accident reconstruction experts retained by the parties gave different opinions as to the amount of time that the Defendant had to avoid the collision.  Following deliberation, the jury returned a unanimous verdict in favor of the Defendant finding that the Defendant was not negligent.