Maggs and McDermott, LLC

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Verdicts And Settlements

$1.805 Million Awarded to Parkway Construction Zone Fatality

Saturday, July 04, 2015

Burrell Oughton was operating a water truck in a construction zone on the left shoulder of the Garden State Parkway in Berkley Township when a car went through a line of cones and struck him.  Mr. Oughton suffered rib fractures, a lacerated spleen, lower spine fracture and other internal injuries, and, sadly, died of his injuries two and a half weeks later.

Mr. McDermott and Mr. Maggs of the Firm represented the surviving family in the suit.  The Firm claimed that the construction company responsible for setting up the work zone had failed to properly place an impact-absorbing protective vehicle, otherwise known as a “crash truck.”  The Firm further claimed that the presence of the protective vehicle was required by State and Federal regulations and, if it had been properly placed in the work zone, would have prevented this tragic accident.

Maggs & McDermott brought suit against the construction company and the driver who hit Mr. Oughton under the New Jersey Wrongful Death Act and the Survivor Act, as well as a claim on behalf of Mr. Oughton’s surviving spouse.  The Firm retained multiple experts, including an accident reconstruction expert and a construction work zone expert, who concluded that the construction company failed to properly establish and maintain a safe work zone, resulting in the death of Mr. Oughton.

Although the settlement could not bring Mr. Oughton back, Mrs. Oughton hopes that “the award of $1.805 million will save another family from having to go through a similar tragedy.”

*Results may vary depending on particular facts and legal circumstances