Re: [infoguys-list] Re: run over by a truck
- 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.
Sent: Monday, August 03, 2009 3:31 PM
To: email@example.com ; firstname.lastname@example.org ; email@example.com ; RumblesAList@yahoogroups.com ; Lets_Discuss_Anything@yahoogroups.com ; friends-of-Daniel@yahoogroups.com ; firstname.lastname@example.org ; email@example.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.
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
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.
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.
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
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.??
[Non-text portions of this message have been removed]
[Non-text portions of this message have been removed]