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Frank Kontely Successfully Defends His Client in Sussex County Superior Court
07.07.2010Partner Frank Kontely successfully defended a trucking company, R&R Bulk Transport, during a two-week jury trial in the Superior Court of Sussex County.
One of R&R Bulk Transport's vehicles sustained a puncture to its fuel tank after passing over railroad tracks, causing several gallons of diesel fuel to spill onto a roadway in Sparta, New Jersey. Plaintiff was driving his vehicle in the opposite lane of travel. He encountered a stopped vehicle in the middle of the roadway and an intersecting street. Testimony revealed that vehicle and others had stopped with no problems. However, plaintiff claimed that the diesel fuel on the roadway caused him to lose control of his vehicle and slide off the roadway into an embankment. Plaintiff claimed to have sustained serious and permanent back injuries which prevented him from continuing his painting business. The jury concluded that plaintiff was more at fault than R&R Bulk Transport. As a result, plaintiff was not awarded any damages.