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C.F. vs. 1012582 ONTARIO LIMITED - D/B/A PACE MARATHON, et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

This case involved a tractor trailer crash in Missouri with Defendants from Canada. The tractor trailer crashed into the car our client's father (hereinafter referred to as "decedent") was driving, killing him.

Defendant 1012582 Ontario Limited (hereinafter referred to as "Ontario") was a trucking transport company organized and existing under the laws of Canada. Defendant Pace Marathon Motor Lines, Inc (hereinafter referred to as "Pace") was a trucking transport company organized and existing under the laws of Canada. Defendant J.C. (the truck driver) was an individual residing in Canada.

The Missouri truck accident occurred on April 2, 2005. The defendants in this case owned and/or operated the 1999 Volvo Conventional tractor truck that was involved in this crash. Decedent was driving a 1985 Honda Accord on the South Outer Rd. of Highway 70 near Route A, in Warren County, Missouri.

Plaintiff alleged the Decedent was killed due to the negligence of Defendants, and each of them. As a direct and proximate result of Defendants' negligence, Plaintiff suffered the loss of Decedent's services, support, consortium, love, affection, counsel and guidance.

Plaintiff alleged the Defendants, and each of them, through its agents, servants, and employees owned and operated the tractor trailer that crashed into Decedent's car. It was further alleged by Plaintiff that Defendants' agents, servants, and employees were acting within the course and scope of their employment at the time of this crash.

Plaintiff alleged in her Petition:

Plaintiff further alleged the negligence of Defendants, and each of them, along with their agents, servants, and employees included:

Plaintiff alleged the negligence of Defendants, and each of them, contributed to cause, combined with and/or concurred with the negligence and carelessness of each named Defendant to kill Decedent.

Plaintiff specifically alleged the defendant driver, J.C., was the operator of the tractor trailer prior to this Missouri truck accident and was at all times acting within the course and scope of his employment with Defendants, and each of them. Plaintiff also alleged J.C. was operating the tractor trailer in his individual capacity and as an agent, servant, and employee of Defendants, and each of them.

D.J. and B.J. vs. LIBERTY TRANSPORTATION, INC.

The United States District Court For The Eastern Division of Missouri

CONFIDENTIAL SETTLEMENT

The following are allegations Plaintiffs made in their lawsuit against the above named Defendants.

Defendant Liberty Transportation Inc. is an Iowa Company. Defendant D & R Specialized is a Mississippi corporation.

On or about July 13, 2002, Plaintiff was operating his tractor trailer on Interstate 70 East at or near the intersecting street, Missouri 135 South. All of these streets were open and public streets, highways and thoroughfares within the State of Missouri.

On the above stated date and at the above stated time, Defendants caused this crash. The crash was due to the negligence and carelessness of Defendants, jointly and severally, in the use, operation, and maintenance of their tractor trailer.

Defendant Golden was acting as an agent, servant and employee of Defendant Liberty Transportation, Inc., (hereinafter referred to as "Liberty") a corporation duly organized and existing under Iowa law. Defendant "Golden" was at all times relevant, acting within the course and scope of his agency and/or within the course and scope of his employment with Defendant "Liberty".

Plaintiff plead RSMo 508.070 states, "Suit may be brought against any motor carrier which is subject to regulation pursuant to chapter 390, RSMo, in any county where the cause of action may arise, in any town or county where the motor carrier operates, or judicial circuit where the cause of action accrued, or where the defendant maintains an office or agent, and service may be had upon the motor carrier whether an individual person, firm, company, association, or corporation, by serving process upon the director, division of motor carrier and railroad safety."

Plaintiff alleged the motor carrier defendant, D & R Specialized Company (hereinafter referred to as "Specialized"), operated and operates through the City of St. Louis and Plaintiff plead venue was proper in the City of St. Louis, MO pursuant to RSMo 508.070.

The collision was due in whole or in part to the negligence and carelessness of Defendants in the following respects. That they:

Defendant "Specialized" was further negligent in that they:

Plaintiff plead in the alternative, the negligence of Defendant "Golden" as outlined in the preceding paragraphs contributed to cause, combined with and/or concurred with the negligence and carelessness of Defendant "Liberty" and combined with and/or concurred with the negligence and carelessness of Defendants Rachel Smith, hereinafter referred to as "Smith" and Defendant D &R Specialized Company, hereinafter referred to as "Specialized" to cause this truck accident.

The negligence of Defendants, jointly and severally caused or contributed to cause injury to Plaintiff which included injury to his head, neck, shoulders, back and spine. All of Plaintiff's injuries are painful, permanent and disabling.

Plaintiff's ability to work, labor and enjoy life has been destroyed and is permanently impaired. As a direct result of Defendants' negligence, Plaintiff was caused to undergo necessary medical care and treatment in excess of Ten Thousand Dollars ($10,000.00.) Plaintiff will be required to obtain future medical care.

Plaintiff has sustained a wage loss of an amount in excess of Ten Thousand Dollars ($10,000.00) and will incur a diminished earning capacity and wage loss in the future.

PROPERTY DAMAGE

Plaintiff was the owner of a 1998 International Conventional tractor trailer. On or about the above stated time and date, Plaintiffs' tractor trailer was damaged in this crash as a result of the negligence of all Defendants.

LOSS OF CONSORTIUM

Currently and at the time of this crash, Plaintiff B.J. is and was the lawfully wedded wife of Plaintiff, D.J. As a direct and proximate result of the injuries to her husband, B.J. was caused to suffer a loss of his support, services, society, consortium, love and affection.

Plaintiffs prayed for judgment in an amount in excess of Seventy Five Thousand Dollars ($75,000.00) together with prejudgment interest and their costs expended and for such other and further relief as the Court deemed just and appropriate.

Negligent Hiring

Plaintiff alleged the Defendants, and each of them, were careless and negligent in hiring of Defendant J.C. A review of Defendant J.C.'s driving record should have alerted Defendants, and each of them, that J.C. exhibited traits of reckless behavior and incompetence.

Joint Venture

Plaintiff alleged there was a joint venture between all named Defendants in the operation, trucking, carrying, and hauling freight in the State of Missouri because:

R.L. vs. PRIORITY TRANSPORTATION, L.L.C.

The United States District Court For The Eastern Division of Missouri

CONFIDENTIAL SETTLEMENT

This case involved a Missouri truck accident in which Plaintiff was hit from behind by a tractor trailer. On or about August 4, 2004 Defendant J.B. was operating a tractor trailer on Interstate 55 South in Cape Girardeau, Missouri. Defendant J.B. crashed into Plaintiff's vehicle from behind as he was operating the tractor trailer through fog. Plaintiff suffered injuries to his head, neck, back, spine, and left hand, including a herniated disc that required surgical repair.

This case was aggravated by the fact that this was the first run the Defendant driver was making for Priority Transportation, L.L.C., Defendant's less than satisfactory safety rating, the foggy condition, and Defendant J.B.'s past driving violations in Arizona and Virginia. Plaintiff was a Miami Florida resident that sued J.B. and Priority Transportation, L.L.C. for injuries he suffered in the Missouri truck accident. The case was filed in The United States District Court For The Eastern Division of Missouri since Plaintiff was a resident of Florida and Priority was an Indiana company.

The tractor trailer involved in this truck accident was registered in the State of Indiana to Priority Transportation, L.L.C. It was a 2000 Freightliner Truck with VIN 1FUYSDYB1YLF83680 and with ICC #245283 and MODOT #454031.

TRUCK ACCIDENT ALLEGATIONS AGAINST DEFENDANTS

Plaintiff alleged:

Plaintiff further alleged the Defendants were negligent by:

Priority failed to properly train and instruct Defendant J.B. on how to properly and safely operate the tractor trailer and how to comply the Federal Motor Carrier Safety Regulations. The Federal Motor Carrier Safety Regulations deal specifically with the issue of driving or not driving during foggy conditions.

Defendant J.B.'s actions relating to this crash, by his own admission, and his prior driving history showed that Defendant J.B. had a complete disregard for the law and the safety of others. Defendant J.B.'s prior citations and reckless behavior was a sign of inexperience, lack of training, and habitual recklessness.

Plaintiff contended a review by Defendants, of Defendant J.B.'s driving record, would have alerted Defendants that Defendant J.B. exhibited traits of reckless behavior and incompetence. The Defendants in this case, at or near the time of this crash, were in violation of 49 C.F.R. §392.3, §392.7, §395, and §392.4.

The operation of the tractor trailer and the manner in which Defendants operated the tractor trailer on the public roadways showed complete indifference to and conscious disregard for the safety of the public. Plaintiff therefore made a claim for Punitive Damages.

Plaintiff's injuries to his head, neck, back, spine, and left hand were painful, permanent and disabling. The injuries from the truck accident permanently impaired Plaintiff's ability to work, labor, and enjoy life.

As a direct result of Defendants' negligence, Plaintiff incurred medical bills in excess of Eighty-Four Thousand Dollars ($84,000.00) and will continue to incur future medical costs. Plaintiff also sustained a wage loss of an amount in excess of Twenty Thousand Dollars ($20,000.00) and suffered a diminished earning capacity and wage loss in the future.

Plaintiff sought judgment against Defendants and each of them, jointly and severally, in a sum in excess of Twenty-Five Thousand Dollars ($25,000.00) as was fair and reasonable to compensate him for his injuries plus Missouri prejudgment interest, together with his costs and for such other relief the Court deemed just and proper under the circumstances.

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