$96 Million Verdict for Family of Father and Son Killed by Parkinson's-Impaired Truck Driver on I-75

In June 2018, Jude Attianese and his son Zachary were driving through a construction zone on Interstate 75 in Wayne County, Michigan, when traffic ahead slowed to roughly five miles per hour. Behind them, a Challenger Motor Freight tractor-trailer driven by Jose Angel Nogueras never slowed. Michigan State Police investigators found no evidence that Nogueras applied the brakes before impact. The collision destroyed the Attianeses' SUV and killed both men.

Zachary Attianese was 20 years old and a standout left-handed pitcher. He had transferred to Florida State University, a top collegiate baseball program, and professional scouts had taken notice of his ability. Jude Attianese was a small business owner from New Jersey. Natalie Attianese, wife and mother, brought suit against Challenger and its driver.

At trial, attorneys for the family established that Nogueras had been diagnosed with Parkinson's disease years before the crash and had disclosed the condition to Challenger in 2015. He was taking three separate medications, each carrying label warnings about drowsiness, sudden sleep onset, and the dangers of operating heavy equipment. The evidence showed he was not in compliance with required medical treatment. Challenger, a Canadian carrier with roughly 900 to 1,000 drivers, had never conducted fitness-for-duty evaluations on any of them.

Judith Livingston and Thomas Moore of Kramer Dillof Livingston and Moore joined Brian McKeen and Todd Schroeder of McKeen and Associates as co-counsel for the plaintiff. The New York Law Journal reported that Moore credited his out-of-state standing, and the credibility that comes with appearing as an outsider before a Michigan jury, as a factor in the outcome.

After deliberations, the Wayne County jury found both Nogueras and Challenger Motor Freight negligent and awarded $96 million to Natalie Attianese. The result is believed to be the largest fatal trucking verdict in Michigan history. Challenger stated it considered the award excessive and announced plans to appeal. As of the date of publication, no appellate decision reducing the verdict has been reported.