Morgan & Morgan’s Product Liability Department Helps Recover Millions for Truck Driver Poisoned by Carbon Monoxide

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Morgan & Morgan is proud to announce that attorney Martin Jaffe and his product liability team have recovered $2.54 million on behalf of a client who allegedly suffered permanent neurological damage due to the effects of carbon monoxide poisoning that may have been prevented through proper truck repairs and maintenance.

We are very pleased that the jury used their collective wisdom in reaching a fair and just outcome for Mr. Barger in this very difficult case.

Morgan & Morgan is pleased to announce that attorney Martin Jaffe has recovered a $2.54 million verdict on behalf of a client who suffered permanent neurological damage from carbon monoxide poisoning allegedly sustained through long hours spent driving an improperly inspected and repaired tractor trailer. Mr. Jaffe tried the case in Adams County, Colorado with Paul Byron of the firm Overchuck & Byron. This is one of a number of cases involving carbon monoxide poisoning on which the attorneys have partnered together nationwide.

“We are very pleased that the jury used their collective wisdom in reaching a fair and just outcome for Mr. Barger in this very difficult case,” Jaffe said.

According to court documents, Jeffery Barger sustained carbon monoxide poisoning as the result of improperly performed inspections and repairs to his 2007 Freightliner truck. Court records show that several issues arose during Barger’s pre-lease inspection of the truck when he and another, more experienced driver noticed the cab smelled of exhaust fumes and noted two small holes in the floorboard behind the driver’s seat. According to court documents, Barger reported these problems to CR England, a large interstate trucking company, who assigned a new mechanic with little training to repair the issues before providing him with the truck and sending him on the road. The mechanic, court records show, made no repairs to the truck’s exhaust system. Furthermore, according to witness testimony, the mechanic failed to tell Barger that he had, in fact, made no repairs, giving Mr. Barger the false impression that the exhaust issues were fixed once the truck was released to him.

Soon after, court records show, while driving in Colorado, Barger reported feeling symptoms consistent with carbon monoxide poisoning, including blurred vision, difficulty concentrating and multi-tasking, and irritability, conditions the plaintiff initially deemed the result of allergies or a cold. Despite reporting these issues to his CR England dispatcher, he was kept on the road for thousands of miles, according to court documents.

Court records state that what followed next was an unfortunate string of allegedly negligent “fixes” to Barger’s in-cab carbon monoxide problem. Ultimately, leaks and major parts of the exhaust system were replaced, but not before the carbon monoxide caused Mr. Barger to suffer permanent neurological damage and a heart attack, court documents allege.

When asked if all of these problems could have been avoided had his truck simply been fixed properly by CR England before it was released for road use, Jaffe assures us it’s more complicated than that.

“Of course it would have helped our client, but it’s a problem when there is pressure to keep these trucks rolling down the road with full loads,” Jaffe said. “These trucks are expensive to run, and if they are in the shop or parked, they lose money.”

Court testimony from doctors who conducted neuropsychological, neuro-optometric, and brain scan evaluations on Barger found that he now displays signs of permanent cognitive defects as a result of prolonged exposure to carbon monoxide. Those effects, according to Jaffe, include memory loss, personality changes, and documented changes to the basal ganglia, hippocampus, and white matter of the brain.

A graduate of the University of Akron School of Law and AV-Rated for his high ethical standards and legal abilities by Martindale-Hubbell, Jaffe heads Morgan & Morgan’s Product Liability Practice Group. He predominantly handles catastrophic injury and wrongful death cases involving defective consumer products, carbon monoxide poisoning, and tire failure and has been lead trial counsel in cases on both the state and federal court levels.

According to Jaffe, this case serves as an example of serious issues prevalent throughout the trucking industry, issues that go beyond a simple string of unfortunate events for his client.

“It can be an industry issue, when trucking companies push their drivers so hard to keep them rolling on the road in an impaired state. This is a case that could have been far more tragic if others were involved,” Jaffe said. “Sadly, it’s a problem that won’t go away any time soon, because more miles on the road equal more money for these companies.”

For more information about Martin Jaffe and Morgan & Morgan’s product liability team, please visit today.

About Morgan & Morgan

Morgan & Morgan is one of the largest exclusively plaintiffs’ law firms in the country with 16 offices throughout Florida, Georgia, Mississippi, Tennessee, Kentucky, and New York. The firm handles cases nationally involving product liability, personal injury, medical malpractice, consumer class action, and securities fraud, as well as complex litigation against drug and medical device manufacturers. Visit Morgan & Morgan online at for a free case evaluation and information about your legal rights.

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