Volume 2, Issue 5                    The Traut Firm eNewsletter              May 2006            www.trautfirm.com

Charles Pankowski was driving a pick-up truck northbound on US-101, a two-lane road in Mendocino County. He was headed toward his mother’s home in Piercy, California.

At the same time, Russel Walter was driving his Monaco R.V. south bound on US-101, approaching Charles from the opposite direction. Walter was towing a Ford Explorer, utilizing a tow bar which was manufactured by Automatic Equipment Manufacturing Company. The tow bar was secured to the Explorer by McArthur Welding. Safety cables used by Walter were manufactured by Roadmaster, Inc. The tow bar and safety cables were purchased from Camping World, Inc.

As Mr. Walter rounded a curve at about 40 mph, he felt a jerking movement at the rear of his R.V. When he looked into his side view mirror, he saw the Explorer veer into the opposing traffic lane, where it slammed head-on into Charles’ vehicle.

James Traut filed suit against the R.V. driver and the companies associated with the tow bar and safety cables.

PLAINTIFF’S CONTENTIONS:  Plaintiff alleged that the tow bar failed due to the defendant driver’s failure to properly configure the safety cables and to secure nuts on cable links and due to manufacturing and design defects in the tow bar and safety cables, which were either manufactured, installed, or sold by the other defendants.

DEFENDANTS’ CONTENTIONS:  All defendants asserted that they were not negligent, that there were no design defects and they all disputed the extent of plaintiff’s injuries and damages

INJURIES:  Brain injury, with resulting cognitive and emotional deficits; comminuted, displaced pylon fracture of the left tibia; comminuted fracture of the right calcaneal; left medial malleolar fracture.

RESULT:  Total Settlement:      $4.3 million

The Traut Firm
"When You Mean Business"