Our client was the widow of a 70 year old truck driver. Her husband began a run from his company terminal in Somerset, Pennsylvania. The trip was scheduled to end in the eastern part of the state. His truck was found at a truck stop in Carlisle. His body was discovered laying in the back of his trailer with the tarp half on and his work gloves on his hands. We researched weather records from the approximate time of death, which indicated a brief, sudden rain storm had occurred immediately prior to what the medical experts determined to be the time of death from a heart attack. We also engaged a cardiology expert and were able to obtain his expert testimony indicating that our client most likely died during the storm while spreading a heavy tarp on the back of his open trailer to protect his shipment from the rain, a phenomenon similar to the prevalence of heart attacks while shoveling snow.
The workers' compensation carrier for the trucking company settled the case after we filed a fatal claim petition and began litigation before a workers' compensation judge.
