Superior Court of Pennsylvania Affirms $2.3 Million Judgment On Behalf of Locks Law Firm Client

The Superior Court of Pennsylvania has upheld a $2.3 million judgment awarded to a concrete laborer against Trans-Fleet Concrete, Inc. for injuries sustained when he was knocked off a nine-foot wall by a hose of a negligently operated concrete pump truck at the work site. Andrew DuPont, Esq. of the Locks Law Firm represented the injured worker in a November 2013 jury trial.


Trans-Fleet Concrete, Inc. delivered concrete to the work site and hired the affiliated company, 5 Star, as its agent for the pump truck services. Trans-Fleet was found liable for its own negligence as well as liable for the negligence of its agent 5 Star.


The operator of the pump truck negligently cleared a clog in the pump truck hose by accelerating the pump’s engine to force the clog through, rather than stopping the pump and manually clearing the clog. When the clog was forced through the hose,the pressure that built up in the hose released – causing the hose to whip and strike Mr. DeFranca in the head, knocking him from the nine-foot wall on which he was standing. Mr. DeFranca and his wife, Maria DeFranca, are Brazilian immigrants. Mr. DeFranca suffered a compression fracture of the spine at T11 and a traumatic brain injury in the incident.


The Superior Court found that the complaint adequately placed Trans-Fleet on notice of its liability for negligence of its entity and that there was sufficient evidence at trial to establish the agency relationship between Trans-Fleet and 5 Star. Also, the Superior Court found that the trial court properly excluded evidence of GPS tracking data.


The Superior Court opinion concluded that “all of Trans-Fleet’s issues on appeal are waived or devoid of merit.”

Tell Us About Your Case

If you can read this, please avoid filling the following input field or your submission may be marked as spam.
Thank you for contacting us! We will be in touch with you shortly.

Recent Entries


Locks Law Firm only provides legal advice after having entered into an attorney client relationship, which our website specifically does not create. Conversations that originate from website messaging, chat or other two way web based engagement  do not create an attorney client relationship. It is imperative that any action taken be done on the advice of counsel. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases. The firm practices law in Pennsylvania, New Jersey & New York as Locks Law Firm. Super Lawyers, Best Lawyers in America and other organizations that rate attorneys are not designations that have been approved by the State Supreme Courts or the American Bar Association.