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Who is responsible for Amanda's death

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  • Jurydoctor@aol.com
    Hi folks, Need your opinion on this interesting case. $5 donation to healing horses for each opinion. there is a status conference on Fri on the case so
    Message 1 of 5 , Mar 6, 2006
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      Hi folks,
      Need your opinion on this interesting case. $5 donation to healing horses for
      each opinion.
      there is a status conference on Fri on the case so opinions needed ASAP.
      Thanks in advance!
      Amy

      Amanda Jones was an independent contractor with “GuardPros” working for
      seven years as a security guard at the entrance/exit gate of Defendant Large
      Retailer’s distribution center. Ms. Jones' job responsibilities included checking
      seals on outbound tractor-trailers as they departed Defendant’s premises
      trailer in order to compare the seals to paperwork she received from the driver..
      To do her job, Ms. Jones had to step between the tractor-trailer on which she
      was making the comparison and the tractor-trailer next in line. Defendant had
      no traffic signs or signals, bell hoses, gates, speed bumps, paint markings
      or other indications directing where truck drivers should stop as they awaited
      clearance of the truck ahead of them in line.
      On April 20, 2005, Defendant Digger, a truck driver who was
      employed by Defendant ABC Trucking Company, threatened to “trash the place” where
      Ms. Jones worked because there was a mix-up with his delivery. Defendant
      Retailer, however, took no steps to alert the unaware Ms. Jones of Defendant Digger’
      s violent threat. Defendant Digger subsequently drove his ABC
      tractor-trailer toward the guard gate and brought his truck to a stop at least 15 feet
      behind a “Fleet” trailer that Ms. Jones was about to inspect. It was “normal
      procedure for a trucker to pull up about like that. After bringing his rig to a
      stop, Defendant Digger allowed his truck to roll forward and crush Ms. Jones
      against the Fleet trailer. Ms. Jones died later the same day at age 31,
      leaving behind two minor children.
      Defendant Latarget Mart had a similar death on the same premises
      in 1985 when another security guard was crushed between two tractor-trailers
      while checking seals on an outbound trailer at the guard gate. Defendant
      Retailer moved the gate to the current location on the south side of its premises
      before Ms. Jones was killed, but chose not to make any physical improvements to
      protect guards from suffering a similar fate. In fact, even though two
      guards have been killed on the same premises under very similar circumstances,
      Defendant Retailer to this day has not implemented any measures designed to
      protect the guards from truckers who Defendant Retailer knows are rushing to exit
      the facility. There is also no evidence that Defendant Retailer ever told
      GuardPros or Ms. Jones about the earlier death so as to put the guards on notice
      of the specific danger of being crushed while working the exit.


      [Non-text portions of this message have been removed]
    • Paul curtis
      Based on what you have indicated below, Amanda Jones does not meet the IRS test for working as an independent contractor. Her employer apparently controls her
      Message 2 of 5 , Mar 6, 2006
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        Based on what you have indicated below, Amanda Jones does not meet the IRS
        test for working as an independent contractor. Her employer apparently
        controls her hours, and the location where work is to be performed.



        If, instead, Amanda Jones was an employee of GuardPros, who in turn were
        contracted to provide security services at the location that is a different
        matter. It would appear that Defendant Retailer was negligent in allowing
        Defendant Digger to even come on the property after having made such a
        threat. The fact that the threat was not communicated to Amanda Jones put
        her in harms way either intentionally or out of neglect.



        The next question that arises is this; What safety training had been
        provided to Amanda Jones by GuardPros and was it adequate to the
        circumstances under which she worked.



        If you are suggesting that the second tractor trailer rig intentionally
        collided with the rig being inspected, that is at the least vehicular
        manslaughter and perhaps murder depending on other circumstances.



        It sounds like what you need is an OSHA expert to inspect the premises to
        determine how things ought to be versus how things were at the time of the
        death of Amanda Jones, especially in light of the prior death in 1985.



        Paul Curtis

        Costa Mesa, CA

        pncurtis@...





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        To: opinions-chapel@yahoogroups.com; forensic-debate@yahoogroups.com;
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        Subject: [infoguys-list] Who is responsible for Amanda's death




        Hi folks,
        Need your opinion on this interesting case. $5 donation to healing horses
        for
        each opinion.
        there is a status conference on Fri on the case so opinions needed ASAP.
        Thanks in advance!
        Amy

        Amanda Jones was an independent contractor with "GuardPros" working for
        seven years as a security guard at the entrance/exit gate of Defendant Large

        Retailer's distribution center. Ms. Jones' job responsibilities included
        checking
        seals on outbound tractor-trailers as they departed Defendant's premises
        trailer in order to compare the seals to paperwork she received from the
        driver..
        To do her job, Ms. Jones had to step between the tractor-trailer on which
        she
        was making the comparison and the tractor-trailer next in line. Defendant
        had
        no traffic signs or signals, bell hoses, gates, speed bumps, paint markings
        or other indications directing where truck drivers should stop as they
        awaited
        clearance of the truck ahead of them in line.
        On April 20, 2005, Defendant Digger, a truck driver who was
        employed by Defendant ABC Trucking Company, threatened to "trash the place"
        where
        Ms. Jones worked because there was a mix-up with his delivery. Defendant
        Retailer, however, took no steps to alert the unaware Ms. Jones of Defendant
        Digger'
        s violent threat. Defendant Digger subsequently drove his ABC
        tractor-trailer toward the guard gate and brought his truck to a stop at
        least 15 feet
        behind a "Fleet" trailer that Ms. Jones was about to inspect. It was
        "normal
        procedure for a trucker to pull up about like that. After bringing his rig
        to a
        stop, Defendant Digger allowed his truck to roll forward and crush Ms.
        Jones
        against the Fleet trailer. Ms. Jones died later the same day at age 31,
        leaving behind two minor children.
        Defendant Latarget Mart had a similar death on the same premises

        in 1985 when another security guard was crushed between two tractor-trailers

        while checking seals on an outbound trailer at the guard gate. Defendant
        Retailer moved the gate to the current location on the south side of its
        premises
        before Ms. Jones was killed, but chose not to make any physical improvements
        to
        protect guards from suffering a similar fate. In fact, even though two
        guards have been killed on the same premises under very similar
        circumstances,
        Defendant Retailer to this day has not implemented any measures designed to
        protect the guards from truckers who Defendant Retailer knows are rushing to
        exit
        the facility. There is also no evidence that Defendant Retailer ever told
        GuardPros or Ms. Jones about the earlier death so as to put the guards on
        notice
        of the specific danger of being crushed while working the exit.


        [Non-text portions of this message have been removed]



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      • JSTONELAKE@AOL.COM
        I m a retired over the road truck driver. I have seen this happen before and there are several ways that this could have occured. 1; Driver did not set parking
        Message 3 of 5 , Mar 6, 2006
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          I'm a retired over the road truck driver. I have seen this happen before and
          there are several ways that this could have occured.
          1; Driver did not set parking break
          2; Driver used trolly break only and then went to sleeper and or got out of
          truck and it rolled foward.
          3; Driver reached for paper work and foot sliped off clutch.
          4; there should have been a stop line and sign or line for driver to stop at
          to check out going manafest against load and then seal.
          5; I can tell you a hundred reasons that his lawyer will come up with to
          place the blame on her or the company
          Joseph Stonelake, Roanoke Va.


          [Non-text portions of this message have been removed]
        • Vicki Siedow
          A little clarification would help. Who exactly hear the threat made? The security company should have policies and training to handle such threats, Did they,
          Message 4 of 5 , Mar 6, 2006
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            A little clarification would help.

            Who exactly hear the threat made?

            The security company should have policies and training to handle such
            threats, Did they, and were they followed?

            How long between the threat and the action?

            Was the trucking company notified of the threat prior to the action?

            Did the driver have any past history of violence or instability, or did he
            have any acute situation, such as a divorce, making him more prone to
            violence? Was there any forewarning? Was he on medication?

            Is it a given that the driver "allowed" his rig to roll into her, or is
            there any contention that it was an accident or malfunction?

            Was the security company aware of the earlier death?
            ----------
            My impression is that the action followed the threat very quickly, during
            the same visit. Either way, Security should have obviously been alerted,
            and she was security.

            Whoever did not notify security at all would have some culpability, if that
            is what happened. If some security personnel knew and did not notify the
            others then you'd have to look at the security personnel that knew, as well
            as the security company. Their policies would have to be reviewed to
            determine any fault on their part.

            If the trucking company knew, or should have known, that the driver was a
            risk, they should be considered more at fault, even if they just learned
            about it. He should not have been allowed to drive.

            Obviously the driver himself is at fault.

            The retailer sounds like they blatantly disregard even simple safety
            precautions. I suppose that if they had taken some precautions and they
            were not enough to stop such an occurrence, they would have been in effect
            admitting that they knew there was a problem, which might have been used
            against them, but since it's obvious from the earlier death that they were
            aware, they clearly should have taken strong measures to avoid a recurrence.
            If security was not notified by store personnel of the threats, then that
            adds to their liability.


            Vicki Siedow
            Siedow & Associates Investigations
            & Legal Support Services
            2629 Foothill Blvd. #262
            La Crescenta, CA 91214
            Los Angeles County
            CA PI License # 22852
            800.448.6431 toll free
            818.242.0130 local
            818.688.3295 fax
            http://Siedow.LawAndOrder.com
            Siedow@...
            Member NCISS, IWWA

            Need economical legal help?
            Concerned about Identity Theft?
            Check the links on my site, or contact me directly.

            -----Original Message-----

            Amanda Jones was an independent contractor with "GuardPros" working for
            seven years as a security guard at the entrance/exit gate of Defendant Large

            Retailer's distribution center. Ms. Jones' job responsibilities included
            checking
            seals on outbound tractor-trailers as they departed Defendant's premises
            trailer in order to compare the seals to paperwork she received from the
            driver..
            To do her job, Ms. Jones had to step between the tractor-trailer on which
            she
            was making the comparison and the tractor-trailer next in line. Defendant
            had
            no traffic signs or signals, bell hoses, gates, speed bumps, paint markings
            or other indications directing where truck drivers should stop as they
            awaited
            clearance of the truck ahead of them in line.
            On April 20, 2005, Defendant Digger, a truck driver who was
            employed by Defendant ABC Trucking Company, threatened to "trash the place"
            where
            Ms. Jones worked because there was a mix-up with his delivery. Defendant
            Retailer, however, took no steps to alert the unaware Ms. Jones of Defendant
            Digger'
            s violent threat. Defendant Digger subsequently drove his ABC
            tractor-trailer toward the guard gate and brought his truck to a stop at
            least 15 feet
            behind a "Fleet" trailer that Ms. Jones was about to inspect. It was
            "normal
            procedure for a trucker to pull up about like that. After bringing his rig
            to a
            stop, Defendant Digger allowed his truck to roll forward and crush Ms.
            Jones
            against the Fleet trailer. Ms. Jones died later the same day at age 31,
            leaving behind two minor children.
            Defendant Latarget Mart had a similar death on the same premises

            in 1985 when another security guard was crushed between two tractor-trailers

            while checking seals on an outbound trailer at the guard gate. Defendant
            Retailer moved the gate to the current location on the south side of its
            premises
            before Ms. Jones was killed, but chose not to make any physical improvements
            to
            protect guards from suffering a similar fate. In fact, even though two
            guards have been killed on the same premises under very similar
            circumstances,
            Defendant Retailer to this day has not implemented any measures designed to
            protect the guards from truckers who Defendant Retailer knows are rushing to
            exit
            the facility. There is also no evidence that Defendant Retailer ever told
            GuardPros or Ms. Jones about the earlier death so as to put the guards on
            notice
            of the specific danger of being crushed while working the exit.
          • suesarkis@aol.com
            Amy - I definitely have more questions then I do answers. Again, I cannot intelligently render opinions without more facts. Since a status conference is
            Message 5 of 5 , Mar 6, 2006
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              Amy -

              I definitely have more questions then I do answers. Again, I cannot
              intelligently render opinions without more facts. Since a status conference is
              scheduled for Friday, I understand the urgency of your request.

              I'm confused to your use of the term "independent contractor". Either she
              worked for GuardPros or she didn't. Did she have the contract with the
              retailer or did GuardPros?

              Did GuardPros truly know the dangerous conditions at BullsEye in reference
              to no truck blocks or other form of anti-roll devices being used while their
              employees were routinely put in harm's way? If not; why not?

              Do we know the circumstances of the 1985 incident?

              I'm confused as to why anyone would consider a threat to "trash the place"
              as a "violent" threat. How much time lapsed between the threat and the
              action? Did anyone take it seriously? Was it a big altercation involving a lot of
              people or did he just have a confrontation or disagreement with one or two
              dock boys?

              How did Def. Digger ALLOW his truck to roll forward? Was he arrested for
              intentional anything? Did the LEO's rule it an "accident"?

              Do you have any evidence as to whether or not the decedent ever notified
              either the employer or the contract client as to any concerns about the working
              conditions? Did she ever express the need for safer conditions in the 7
              years she was there?

              Has the action been filed as an "intentional tort", a "negligence suit" or a
              combination of both?

              Just a few questions to help better understand the circumstances.




              Sincerely yours,
              Sue
              ____________________________________________________
              Sue Sarkis
              Sarkis Detective Agency

              (est. 1976)
              PI 6564
              1346 Ethel Street
              Glendale, CA 91207-1826
              818-242-2505
              818-242-9824 FAX

              If you can read this, thank a teacher. If you can read this in English,
              thank a military veteran.

              God Bless America and her allies forever !!


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