By Lizzy Mclellan, The Legal Intelligencer
February 12, 2016
A Philadelphia jury has handed up an award of $3.1 million in wrongful death and survival act damages to the estate of a motorcycle driver who died after a 2013 collision.
After a five-day trial, an eight-member jury in Partlow v. Gray found defendant Kahlile Gray negligently caused the death of Calvin M. Wilson Jr., 27. It awarded $1.85 million in survival act damages and $1.25 million in wrongful death damages to his estate.
“The verdict was a fair verdict and it was a verdict that American Independent Insurance Co. should have anticipated two and a half years ago,” David L. Woloshin of Astor Weiss Kaplan & Mandel said. Woloshin tried the case with Dina Ronsayro and Jordan Schlossberg of the same firm.
Woloshin said they plan to file a bad faith claim against American Independent Insurance Co., Gray’s insurer, for not settling the case earlier.
According to the plaintiff’s pre-trial memorandum, Wilson was driving his motorcycle straight through a green light on Belmont Avenue in Philadelphia on April 4, 2013, when Gray made a left turn against traffic and struck Wilson. The collision threw Wilson from his motorcycle, the memo said. He was transported to the University of Pennsylvania Hospital, and pronounced dead shortly afterward.
According to the plaintiff’s memo, Gray had open alcoholic beverage containers in his sport utility vehicle, and he was found to have a blood alcohol level above the legal limit when the crash occurred.
The defense alleged that Wilson was driving his motorcycle aggressively before the crash. Gray’s attorneys alleged that Wilson was negligent and contributed to the cause of the accident, but the jury disagreed, finding Gray was 100 percent negligent.
Daniel T. Lewbart and Kevin R. McNulty of Gerolamo, McNulty, Divis & Lewbart represented Gray. Lewbart did not return a call seeking comment.