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Trucker injured after picking up load at facility – $5,500,000 Settlement
By: Virginia Lawyers Weekly September 14, 2009
The plaintiff was a long haul trucker who picked up a load in a trucking facility. After successfully getting his load, he pulled away from the loading area and stopped his truck. He then exited his truck to lock and inspect his load as required by U.S. Department of Transportation regulations.
While walking beside his truck and inspecting the load, a truck driven by defendant #1 approached the plaintiff’s truck from behind and began a passing maneuver to the right of the plaintiff’s truck. As the defendant’s truck passed the plaintiff, the plaintiff observed him and believed he was a safe distance from the passing truck. He was not cognizant of the fact that the defendant’s truck was “off tracking” toward him.
As he continued to perform the inspection of his truck, the rear dual tires of the defendant’s truck caught the back of plaintiff’s foot and rolled him in between the tires, turning one full revolution and resulting in his severe and permanent injuries.
Defendant #2 owned and operated the property on which the accident occurred. It provided traffic signage, rules, regulations and supervision of truckers on the property. A large sign appeared at the entrance of the property containing many rules, one of which informed truckers to stay in their truck while on the property.
The property owner, despite this rule, knew truckers had a duty to lock and inspect their loads. The defendant’s expectation was that the truckers would lock and inspect upon leaving its premises on a public highway. Discovery revealed that the public highway prohibited any parking or stopping near the exits of the property, thereby making it impossible for the plaintiff to lock and inspect his load without violating either the property’s rules or the law.
Aerial surveillance of the defendant’s property during discovery revealed that defendant’s representations that other truckers did not get out of their trucks on the premises was false. This evidence was used very powerfully during the mediation.
Plaintiff’s Attorneys: Matthew W. Broughton, Harry W. Brown, Greg D. Habeeb, Mary. Alexander
Harry W. Brown, Esq.
3959 Electric Road, Suite 465
Roanoke, VA 24018
Read more/ Sources:
http://valawyersweekly.com/million-dollar-settlements-of-2009/