Jury awards $96 million to mom whose son and husband died on I-75 while driving to funeral
A Wayne County jury has awarded $96 million to a woman whose husband and son were killed on Interstate 75 while traveling to an uncle's funeral in Sterling Heights in 2018.
The victims, both from New Jersey, were traveling on I-75 in Brownstown Township when traffic slowed due to construction, and a tractor-trailer rammed them from behind. According to trial testimony, they were going about 5 mph when a tractor-trailer traveling at about 55 mph speeds rear-ended their Ford Explorer, killing them both.
The accident happened just shortly after their family in Sterling Heights had taken their pizza order from them. They were going to have Buddy's Pizza — a favorite for the New Jersey family — but about 30 minutes away from their destination, tragedy struck.
"They don't show up. Panic ensues. It's just the most horrifying thing," said one of the family's lawyers, Brian McKeen, who noted the family went hours before learning what happened.
Jude Attianese and his baseball star son, Zachary, were killed in an accident that night.
"This was a wonderful family," said McKeen, stressing Zachary's mom will never be the same. "You can just see it in her eyes — this is a grief that'll never be lifted."
Zachary, then 20, was a college student with a promising baseball career as one of the highest-ranked left-handed pitching prospects in the country. At the time of his death, he had signed a letter of intent with Florida State University to attend and play baseball and had received interest from major league baseball teams. His father, Jude Attianese, was a small business owner and beloved youth baseball coach in his hometown of Matawan, New Jersey.
Driver had Parkinson's and wasn't following his treatment
Following a six-day trial in Wayne County Circuit Court, the jury found the trucking company and its driver negligent in the deaths, concluding the driver of the tractor-trailer should have never been behind the wheel.
Zachary's mom and two older sisters both testified at trial, along with state troopers and medical experts.
According to McKeen, Challenger Motor Freight had acknowledged responsibility, but contested the damages, so left it up to the jury to decide how much to award the family.
According to McKeen, the company, Canada-based Challenger Motor Freight, had been informed in 2015 that the driver suffered from Parkinson’s disease and had failed to perform company assessments that would have revealed that he was incompetent to drive. The driver also was on medications that rendered him unsafe for driving, jurors learned, and was not compliant with his medical treatment, the family's lawyers argued.
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“Companies that hire people to operate heavy machinery, especially vehicles which will be on public roads, have an obligation to ensure their employees are competent and safe to do so,” McKeen said. “That this trucking company failed in that respect resulted in the deaths of two upstanding citizens who were beloved by their family and friends."
The lawsuit was filed on behalf of Natalie Attianese, who also has two daughters. They were still on the East Coast when the accident happened. Their mom was in Sterling Heights, waiting for her son and husband to join her as she grieved her brother's death.
McKeen, whose law firm hailed the verdict as one of the largest in Wayne County history, said while the financial award cannot bring back the victims, he hopes to alleviate some of the family's financial burdens "and maybe provide some vindication that justice has been served."
"This case should never have happened," McKeen said, "and it is our hope that other companies take heed and ensure they follow due diligence in their employment and assessment practices.”
Defense calls verdict 'highly excessive,' plans appeal
According to defense counsel, the "only issues that were supposed to be tried were damages, not liability."
An appeal is in the works.
"We believe the verdict to be highly excessive for a number of reasons and any appeal will detail those," defense attorney Brian Del Gatto wrote in an email.
Challenger Motor Freight also issued a statement, saying the safety of its drivers and the public "is our top priority."
"We acknowledge the seriousness of the tragic accident involving the Attianese family," the company said, "and extend our deepest condolences."
Contact Tresa Baldas: tbaldas@freepress.com
This article originally appeared on Detroit Free Press: Jury awards $96 million to mom whose family died en route to funeral
