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Re: [infoguys-list] Re: run over by a truck

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  • repoman@hotmail.com
    I don t believe there was much more that the driver of the truck could have done to prevent this. He blew his horn, his speed was appropriate, he received
    Message 1 of 3 , Aug 4, 2009
      I don't believe there was much more that the driver of the truck could have done to prevent this. He blew his horn, his speed was appropriate, he received acknowledgement, and performed a maneuver to gain even more clearance from the trailer to the pedestrians.
      This is assuming the pedestrians were on his right side.
      In the performance of his maneuver he would have had a momentary blind spot, but then would been able to see for a bit and would have been watching the right mirror during the cornering to ensure he wasn't going to run over them or hop the curb.
      As the truck continues to bend there would have been another blind spot which is likely when the accident occurred.
      Aside from FMCSA issues with regard to circle checks/defective equipment, carrier regs and the like I don't see any liability for the driver or carrier.
      I think Sue is smack on. People at some point need to be responsible for their own actions.

      From: Jurydoctor@...
      Sent: Monday, August 03, 2009 3:31 PM
      To: opinions-chapel@yahoogroups.com ; infoguys-list@yahoogroups.com ; forensic-debate@yahoogroups.com ; RumblesAList@yahoogroups.com ; Lets_Discuss_Anything@yahoogroups.com ; friends-of-Daniel@yahoogroups.com ; kidsandlaw@yahoogroups.com ; savekids_news_views@yahoogroups.com ; Healing-Horses_org@yahoogroups.com
      Subject: [infoguys-list] Re: run over by a truck

      $10 dontion to Schiff Liver Center (by the way if anyone knows of another charity they'd like to see get some donations please email me and your contribution will be went to them) for your invaluable opinions on this case.



      The plaintiffs

      In this case, the
      plaintiffs are Mary, mother and natural guardian of Clem, and
      JL. Green, as guardian of the property of Clem, now 19 years old.

      Clem was 16 as a pedestrian in the parking lot of Joy=s
      Ministries on December 15, 2006.? Joy=s Ministries was a
      church and rehabilitation center when defendant driver,? Simon, had
      been a client during the first 8 months of 2006 for cocaine usage.?? Clem=s
      grandfather, (Mary's father), Joeseph? was the

      The defendant

      Simon drove his tractor-trailer onto the property, parked
      and went to have lunch.? Ten minutes later he left the property.

      ?He proceeded at a speed
      under 5 mph in the same direction Clem and Tiny Tim? were walking.? He blew his horn 2-3 times.? The two pedestrians turned and waved.? Simon moved toward the curb.? Tim and
      Clem continued walking westerly.? Tim stepped onto the curb with Clem
      facing him within an arms length.? The truck passed them but as it was Clem,
      who was telling a?dirty joke to tim, took 1-3 steps
      backward lost his balance and fell into the very rear tire of the trailer and
      was knocked face down and run over by the tires.


      The area of impact was an
      undetermined distance west of actual impact and just over 8 feet from the curb
      edge where Tim and Clem had been standing.? Clem sustained ligament damage
      to one knee, multiple pelvic fractures, multiple jaw fractures, lost several
      teeth, and had a subarachnoid hemorrhage in the brain.? He has seizures now and
      is controlled with medication.? He has undergone multiple facial surgeries for
      the jaw and dental work.? The pelvis has healed as has the knee.



      Plaintiffs contend
      defendant driver was an unqualified truck driver.? He was not wearing
      corrective lenses as required by his driver=s
      license.? He admits after his cab passed Clem and Tim that he took his eyes
      off of them for five seconds to negotiate the left hand turn out of the parking

      Plaintiffs= trucking expert contends that Simon
      should not have proceeded past Clem while he remained on the driving surface,
      and created a blind spot by swerving left and looping right to set up his turn.


      Plaintiffs also assert,
      because Simon had a cocaine problem, and had been in rehab. three times he
      should not have been hired.? D.S.? his employer, failed to properly
      investigate his background, and had inadequate training and supervision in
      place.? They failed to note he was to wear corrective lenses while driving.


      Defendant denies
      liability.? Simon had last worked for? a cement
      company, and had been a driver trainer for them.? He told DS at the
      time of hire he was having family problems, but no mention of drug usage.?
      Simon requested a blood test after the accident and was clean.? He had an
      unblemished record of driving for D.S.? and had passed a road test at the
      time of hire.


      He was driving slowly at
      the time of accident, had honked his horn and received the pedestrians=
      acknowledgment.? His cab passed clear and he looked ahead to set up his left
      turn out of the parking lot.? After Clem fell under the tires Simon moved
      forward to final rest.? He did not realize he had run over Clem until he got
      out of his cab and walked back towards him.? Simon had been a friend of Clem
      and his mother before the accident.? Since 3/4 of his truck had passed, Sions
      contends there is nothing he could have done to prevent the accident.? Witness Tim confirms this.


      Plaintiff has had
      neuropsychological testing and? has a traumatic brain injury requiring
      a lifetime of counseling to overcome the brain atrophy that affects his memory
      and emotions.


      Defendants contend the
      MRI and CT scans do not support the extent of damage, conceding he does have seizure
      which are well controlled by medication.? Clem was also a poor student before
      the accident, involved in a lot of disciplinary problems at school and has
      simply continued his pre-accident behavior.

      Plaintiff contends his anti-social
      and criminal behavior is a product of the brain
      Plaintiff has incurred $400,000.00 + in medical bills and will demand in excess
      of the $6 million dollar policy limits.? A claim for punitive damages is

      The company is sued for
      vicarious liability.? DS, the president of the company, is sued
      individually because he was charged with hiring and training duties.?

      Plaintiff contends numerous violations of
      the State CDL Manual and Federal Motor Carrier Safety Regulations.??



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