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Plaintiff awarded over $1 million in suit over fatal accident

A Carbon County civil jury awarded the plaintiff in a wrongful-death suit over $1 million.

The panel ruled Monday that Tuthill Corporation of Palmerton was substantially responsible in the death of Victor Bortz and awarded his wife $1,220,259.Patricia Bortz, of 607 W. Washington St., Slatington, filed suit individually and as administrator of the estate of her husband over his death in an accident at Blue Mountain Ski Resort.On Sept. 21, 2011, Bortz was involved in grading operations at the ski resort, operating a Volvo A30c articulating hauler to transport 17-ton loads of soil to the area that the defendant was grading. The suit stated that Bortz had to drive the hauler up a steep haul road that was installed by Tuthill.During one of those trips, Bortz lost control of the hauler. The hauler backed down the road, traversed a crossover, traveled across a row of shrubs, tumbled down an embankment and struck a large ski lift tower.Bortz was ejected and was pinned under the right front wheel of the cab. He was pronounced dead at the scene.In the filing, Patricia Bortz alleged negligence against Tuthill for the accident and resulting death of her husband.The jury, according to the verdict slip, ruled that Tuthill and Bortz were both negligent. However, the jury ruled that Tuthill was 71 percent negligent to 29 percent for Bortz.The jury panel awarded $341,250 for wrongful death and $879,009 for loss of income before and after death; and for pain and suffering from injury to death.The jury was selected on Nov. 2 with testimony beginning on Nov. 3. The panel reached its decision Monday evening.The plaintiff was represented by attorneys Albert J. Evans and Edward Fisher, and Tuthill by attorney Hugh M. Emory. Judge Steven R. Serfass presided at the trial.Tuthill has a right to appeal the verdict.