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RE: [infoguys-list] Who is responsible for Amanda's death

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  • 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 1 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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      From: infoguys-list@yahoogroups.com [mailto:infoguys-list@yahoogroups.com]
      On Behalf Of Jurydoctor@...
      Sent: Monday, March 06, 2006 11:22 AM
      To: opinions-chapel@yahoogroups.com; forensic-debate@yahoogroups.com;
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      Cc: legalinvestigation@yahoogroups.com; infoguys-list@yahoogroups.com
      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 2 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 3 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 4 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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