Gagnon v. Shoblom and BFI Paralysis

$3,500,000

Donald Gagnon was a tractor trailer truck driver heading back to Springfield on the Mass Turnpike. He pulled over to help another trucker fix her mudflaps. While in the breakdown lane, a garbage truck driver fell asleep at 1:30 p.m. in the afternoon, slammed into the trailer in the breakdown lane. As a result, Gagnon was paralyzed from the waist down and the other driver was buried alive under a pile of burning telephone books and died. The defendant claimed he had undiagnosed obstructive sleep apnea and could not be held liable as he was not conscious and therefore could not be held to be negligent since he was not in control of his actions. Goodman retained several experts in obstructive sleep apnea who battled the defense experts, eventually bringing them to the table to discuss settlement. The Gagnon claim was settled for 3 million dollars, part of which was put in a special annuity called a structured settlement.