Stark & Stark Secures $1,250,000 Settlement for Victim of Crash on I-195

Stark & Stark shareholder David M. Schmid has secured a $1.25 million settlement on behalf of Domingo Diaz, who suffered severe injuries, including a traumatic brain injury, when his vehicle was struck and flipped by a Ford sprinter van operated by a delivery driver with a lengthy history of driving and other disqualifying offenses.

On April 6, 2021, Mr. Diaz was driving westbound on I-195 near Exit 5B in Hamilton Township when defendant Karl Salley, who was driving a Ford sprinter van as an employee of Closure Systems, Inc., rear-ended Mr. Diaz’s vehicle. Mr. Salley attempted to pass Mr. Diaz on the right by entering the merge lane. Salley was speeding and out of control when he struck the rear passenger side of Mr. Diaz’s vehicle, causing it to flip onto its roof. Mr. Salley had a history of driving violations and other offenses when he was hired as a driver.  His employer never looked into Salley’s history before putting him behind the wheel as a commercial driver.  Additionally, Salley had been involved in several motor vehicle collisions while driving for Closure Systems, and the company identified him as a problem driver but failed to take him off the road.  Corporate representatives admitted that they did not look into Salley’s dangerous driving history before making him a driver but would not have allowed him to drive had they known.

 This case demonstrates negligence on multiple fronts,” said Schmid. “Salley operated his vehicle with reckless disregard for safety, and Closure Systems failed to perform even the most basic background checks—checks that would have exposed his extensive and dangerous history of driving offenses and other violations. Despite Salley’s history of accidents while employed by the company, he remained behind the wheel. Had Closure Systems fulfilled its duty to properly vet and supervise its drivers, Salley would never have been operating a company vehicle that day—and my client would not have suffered life-altering injuries.

As a result of the crash, Mr. Diaz, who was just 24 years old at the time, suffered a traumatic brain injury with posttraumatic stress, injuries to his spine, cervical radiculopathy, and major scalp lacerations resulting in permanent scarring and alopecia. These injuries profoundly impacted his daily life, causing cognitive decline, emotional trauma, persistent headaches, and memory issues. Once outgoing and vibrant, Mr. Diaz now experiences isolation, withdrawal, and frustration. His physical challenges include ongoing neck pain radiating into his left arm and an indentation on his skull that serves as a constant reminder of his trauma. His injuries have also limited his ability to work, particularly in physically demanding jobs for which his education and qualifications had prepared him.

“Mr. Diaz’s life was forever changed by this crash,” said Schmid. “With a long life ahead of him, each day will bring with it additional suffering from the consequences of his traumatic brain injury. Furthermore, the crash and his resulting injuries will forever impact his abilities. While no amount of money can fully compensate Mr. Diaz for what he has endured and will continue to endure, this settlement provides him with financial resources so he can access the ongoing medical care and support he needs.”

Mr. Diaz’s lawsuit against Salley and Closure Systems alleged a direct negligence claim against Salley, and negligent hiring, training, and supervision claims against Closure Systems.

NOTE: Any information about verdicts or settlements obtained are based on the unique facts of each case. Although these results were obtained by our firm, they may not indicate the success or value of any other case.