Deener-Burks et al v. Singh et al
Filing
55
OPINION AND VERDICT OF THE COURT. AND NOW, January 3, 2013, a verdict is entered in favor of the plaintiff and against both defendants in the sum of $2,310,000.00, representing compensatory damages. Punitive damages are awarded against Defendant Sukhchan Singh, d/b/a PVR Transport, in the sum of $100,000.00. Signed by Honorable William W. Caldwell on 1/3/13. (pw)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LEATHA DEENER-BURKS,
Administrator of the Estate of Eric Burks,
and in her own right, and on behalf of the
Wrongful Death Beneficiaries,
Plaintiff
v.
SUKHWINDER SINGH, and
SUKHCHAN SINGH, individually,
and d/b/a PVR Transport,
Defendants
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: CIVIL NO. 1:10-CV-1113
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MEMORANDUM
On December 19, 2012, the court conducted a non-jury assessment of
damages trial. The Plaintiff’s decedent, Eric Burks, was seriously injured on
November 13, 2009, and died a month later on December 12, 2009. He was a
passenger in a tractor-trailer, driven by Eric Claxton, that was involved in an accident
with another tractor-trailer, driven by Sukhwinder Singh. Mr. Burks suffered severe
burn injuries in the fire that resulted from the accident, which was caused by the
negligent driving of Defendant Sukhwinder Singh. His negligence is imputed to his
employer, Sukhchan Singh, d/b/a PVR Transport.
Mr. Burks, who died at age 44, supported a wife and two children. He
was extensively burned over 77% of his body. He lived just one month, experiencing
mental anguish and tremendous pain and suffering during that time in the burn unit of
the Lehigh Valley Hospital. His medical expenses exceeded $1.3 million dollars. His
funeral expenses were over $9,000.00. In 2009 he earned over $58,000.00, and
based on his earning record would have continued to have earned income in the
future.
Mr. Sukhchan Singh, the employer, is liable on the basis of respondeat
superior, but was also grossly negligent in failing to maintain his vehicle in compliance
with state and federal law, particularly with regard to having required safety
inspections and correcting defects in its braking equipment. He was also grossly
negligent in entrusting his vehicle to Sukhwinder Singh, an inexperienced truck driver
who had failed written tests three times and driving tests two times. Singh was not
made familiar with communication equipment in the truck, which might have helped in
avoiding the accident, and in summoning help following the collision.
Considering the exhibits introduced at trial, and the presentation of
Plaintiff’s counsel, we conclude that compensatory damages are payable by both
defendants, and that Sukhchan Singh is liable for punitive damages.
We will issue an appropriate verdict.
/s/ William W. Caldwell
William W. Caldwell
United States District Judge
Date: January 3, 2013
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LEATHA DEENER-BURKS,
Administrator of the Estate of Eric Burks,
and in her own right, and on behalf of the
Wrongful Death Beneficiaries,
Plaintiff
v.
SUKHWINDER SINGH, and
SUKHCHAN SINGH, individually,
and d/b/a PVR Transport,
Defendants
:
:
:
:
:
:
: CIVIL NO. 1:10-CV-1113
:
:
:
:
:
VERDICT
AND NOW, January 3, 2013, a verdict is entered in favor of the plaintiff
and against both defendants in the sum of $2,310,000.00, representing compensatory
damages. Punitive damages are awarded against Defendant Sukhchan Singh, d/b/a
PVR Transport, in the sum of $100,000.00.
The Clerk is directed to close this file.
/s/ William W. Caldwell
William W. Caldwell
United States District Judge
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