Truck Accident Wrongful Death
C.F. vs. 1012582 ONTARIO LIMITED
R.L. vs. PRIORITY TRANSPORTATION, L.L.C.
D.J. and B.J. vs. LIBERTY TRANSPORTATION, L.L.C.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
C.F. vs. 1012582 ONTARIO LIMITED
D/B/A PACE MARATHON, et al
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:
a. The tractor trailer was in each Defendants' exclusive
custody and control;
b. The truck was being driven with the consent and permission of Defendants,
and each of them;
c. The crash, the injuries, the damages, and the death of Decedent
directly resulted from this Missouri truck crash;
d. The crash was caused jointly and severally by the negligence of
all named Defendants, and each of them, without any contributing negligence
on the part of Plaintiff;
e. Defendants, and each of them, failed to properly instruct and train
its agents, servants, and employees how to properly and safely operate
the tractor trailer truck prior to this accident;
f. Defendants, and each of them, failed to provide safety courses
to its agents, servants, and employees on how to safely operate the
tractor trailer; and
g. Defendants, and each of them, failed to provide continuing safety
courses to its agents, servants, and employees on trucking safety
issues before this Missouri truck accident;
Plaintiff further alleged the negligence of Defendants, and each
of them, along with their agents, servants, and employees included:
a. Operating the tractor trailer at an excessive and dangerous
rate of speed on a Missouri roadway;
b. Failing to have the tractor trailer under proper control prior
to the truck accident;
c. Failing to keep a proper lookout;
d. Failing to obey the rules of the road requiring Defendants, and
each of them, to keep a reasonable distance between vehicles;
e. Failing to either slow down or stop the truck before crashing into
Decedent;
f. Failing to observe the rules of the road governing the movements
of travelers on the highways of the State of Missouri; and
g. Allowing their vehicle to crash into Decedent's vehicle.
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 Timothy Golden was a resident of Illinois. 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:
- Failed and omitted to keep a careful lookout;
- Drove its at an excessive rate of speed that was high and excessive
under the circumstances then and there existing;
and
- Permitted their tractor trailer to come into contact with Plaintiff's
truck.
Defendant "Specialized" was further negligent in that they:
- Improperly secured their load;
- Allowed part of their load to come off of the trailer and land
on the traveled portion of the roadway;
- Failed to adequately secure the load on the trailer before leaving
the last stop.
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:
a. Two of the Defendants were subsidiary companies of each
other and/or there was on the day of this Missouri truck accident,
an express agreement between all Defendants, and each of them, to
operate the tractor trailer and haul freight;
b. There was an obvious common purpose between all Defendants, and
each of them, in operating the tractor trailer at the time of this
crash;
c. There was a community of pecuniary interest in the common purpose
of operating the tractor trailer; and
d. There was an equal voice, giving an equal right of control in the
direction of the joint venture between all Defendants.
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:
- There was a joint venture at the time of this tractor trailer
crash between all named Defendants in the operation, trucking, carrying,
and/or hauling freight in the State of Missouri and participating
in interstate commerce;
- Defendant Priority was the owner and/or operator of the tractor
trailer that was being operated at the time of this truck accident;
- Defendant Priority owned, operated, maintained, managed, and controlled
the tractor trailer involved in this Missouri truck accident;
- Defendant J.B. was acting within the scope of his employment with
Priority at the time of this tractor trailer crash;
- The tractor trailer was in the exclusive custody and control of
Defendants, and each of them individually and collectively at the
time of this accident;
- The tractor trailer involved in the truck accident was owned and
operated by Defendant Priority, it's agents, servants, and employees
and was operated by Defendant J.B. with Priority's permission and
consent;
- The tractor trailer was negligently and carelessly driven and
operated when it struck and collided with Plaintiff's;
- The crash, injuries, and damage to Plaintiff were a direct and
proximate result of the crash which was caused solely by the negligence
of Defendants, and each of them, individually and collectively and
without any contributing negligence Plaintiff.
Plaintiff further alleged the Defendants were negligent by:
- Operating the tractor trailer at an excessive and dangerous rate
of speed under foggy conditions;
- Failing to have the tractor trailer under proper control at the
time of the crash;
- Failing to keep a proper lookout prior to the truck accident;
- Failing to obey the rules of the road requiring Defendant to keep
a reasonable distance to the rear of the vehicle Plaintiff was driving;
- Following too closely to Plaintiff's vehicle for safety prior
to the truck crash;
- Failing to either slow down or stop the tractor trailer before
crashing into Plaintiff;
- Failing to observe the rules of the road governing the movements
of travelers on the highways of the State of Missouri;
- Failing to exercise "Extreme Caution" as required by 49 CFR 392.14;
- Violating many of the Federal Motor Carrier Safety Regulations
detailed in 49 C.F.R. including but not limited to 392.3, 392.7,
395, and 392.14;
- Allowing the tractor trailer to be operated with numerous mechanical
problems;
- Failing to properly train Defendant J.B as required by the Federal
Motor Carrier Safety Regulations;
- Negligently hiring Defendant J.B.
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.