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Henryk P. vs. Travelers Indemnity

FACTS:

Henryk P. is a first-generation immigrant to the United States, having fled Poland decades ago after fought for individual rights in that Country’s solidarity movement. In the early 1990’s, Henryk became a United States Citizen after his wife, Mariola joined him here in the U.S.

Henryk became accomplished in the bridge construction industry and was a 20+ year veteran with PCI Roads in St. Michael, Minnesota. Henryk rose quickly within the company and became a superintendent and foreman in charge of bridge restoration projects all across the nation, particularly bridges in Kansas. One such project for which Henryk served as the project foreman is an historic bridge in Osawatomie, Kansas known as The Creamery Bridge. Henryk’s name appears on a placard on the old Creamery Bridge.

In 2013, Henryk was moving bridge construction equipment from one site in Kansas to another construction site, where work was about to begin on yet another bridge restoration project. He was near Eldorado, Kansas when the flatbed truck he was driving was struck head-on by on oncoming pickup truck in the opposing lane, after the driver of the pickup truck unexpectedly and inexplicably veered into Henryk’s lane of travel. The driver of the pickup truck was instantly killed and Henryk sustained several serious injuries, among them, a blown-out and completely shattered knee, requiring total knee arthroplasty (the implantation of an artificial knee joint.). The crash required Henryk to retire early from the profession he had loved for decades, since his injuries left him unable to walk over rough surfaces such as the ones encountered on bridge restoration projects.

THE DEMAND AND SETTLEMENT

The driver of the pickup truck had only a minimal insurance policy that included only $50,000 of liability insurance coverage. The policy limits of that policy were quickly recovered for Henryk and his family. Henryk also has “underinsured motorist” coverage on his personal insurance policies on his personal vehicles. Peculiarly, the insurance policy underwritten by Henryk’s employer, PCI Roads’ insurer, Travelers Indemnity, provides $1 million in liability coverage for accidents which are the fault of their own drivers – which are not accessible by Henryk because he was in no way at fault in the crash – but absolutely no “underinsured motorist” coverage for the employer’s most valuable assets: their own workers injured by drivers with inadequate insurance coverage.

The attorneys at McCallister Law Firm are pursuing a lawsuit against Travelers Indemnity for failing to provide adequate coverage to protect Henryk in this horrible crash. Since the litigation is ongoing, we are unable to tell you at this time what the outcome will be.

THE LIFE LONG RELATIONSHIP

Henryk and his wife, Mariola have become very close to the attorneys and staff at McCallister Law Firm. Brian McCallister, the law firm’s founder, said: “I am privileged to help Henryk and Mariola with their lawsuit. It seems unconscionable to me that this could happen to Henryk. Here he has spent the better part of 30 years, devoting his life to this company, only to be let down in his time of need. We are committed to find justice for Henryk and Mariola.”

Henryk and Mr. McCallister became fast friends. Of Brian, Henryk said: “I am so happy we found Brian. I was referred to him by another lawyer in Minnesota, where I had lived several years ago, Fred Soucie. He spoke very highly of Brian and he was right. I feel that Brian will not stop fighting for me.”