Cases in the News

• C.F. vs. 1012582 ONTARIO LIMITED
• D.J. and B.J. vs. LIBERTY TRANSPORTATION, L.L.C.
• R.L. vs. PRIORITY TRANSPORTATION, L.L.C.

C.F. vs. 1012582 ONTARIO LIMITED – D/B/A PACE MARATHON, et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

This case involved a tractor trailer crash in Missouri with Defendants from Canada. The tractor trailer crashed into the car our client’s father (hereinafter referred to as “decedent”) was driving, killing him.

Defendant 1012582 Ontario Limited (hereinafter referred to as “Ontario”) was a trucking transport company organized and existing under the laws of Canada. Defendant Pace Marathon Motor Lines, Inc (hereinafter referred to as “Pace”) was a trucking transport company organized and existing under the laws of Canada. Defendant J.C. (the truck driver) was an individual residing in Canada.

The Missouri truck accident occurred on April 2, 2005. The defendants in this case owned and/or operated the 1999 Volvo Conventional tractor truck that was involved in this crash. Decedent was driving a 1985 Honda Accord on the South Outer Rd. of Highway 70 near Route A, in Warren County, Missouri.

Plaintiff alleged the Decedent was killed due to the negligence of Defendants, and each of them. As a direct and proximate result of Defendants’ negligence, Plaintiff suffered the loss of Decedent’s services, support, consortium, love, affection, counsel and guidance.

Plaintiff alleged the Defendants, and each of them, through its agents, servants, and employees owned and operated the tractor trailer that crashed into Decedent’s car. It was further alleged by Plaintiff that Defendants’ agents, servants, and employees were acting within the course and scope of their employment at the time of this crash.

Plaintiff alleged in her Petition:

• The tractor trailer was in each Defendants’ exclusive custody and control;
• The truck was being driven with the consent and permission of Defendants, and each of them;
• The crash, the injuries, the damages, and the death of Decedent directly resulted from this Missouri truck crash;
• The crash was caused jointly and severally by the negligence of all named Defendants, and each of them, without any contributing negligence on the part of Plaintiff;
• Defendants, and each of them, failed to properly instruct and train its agents, servants, and employees how to properly and safely operate the tractor trailer truck prior to this accident;
• Defendants, and each of them, failed to provide safety courses to its agents, servants, and employees on how to safely operate the tractor trailer; and
• Defendants, and each of them, failed to provide continuing safety courses to its agents, servants, and employees on trucking safety issues before this Missouri truck accident;

Plaintiff further alleged the negligence of Defendants, and each of them, along with their agents, servants, and employees included:

• Operating the tractor trailer at an excessive and dangerous rate of speed on a Missouri roadway;
• Failing to have the tractor trailer under proper control prior to the truck accident;
• Failing to keep a proper lookout;
• Failing to obey the rules of the road requiring Defendants, and each of them, to keep a reasonable distance between vehicles;
• Failing to either slow down or stop the truck before crashing into Decedent;
• Failing to observe the rules of the road governing the movements of travelers on the highways of the State of Missouri; and
• Allowing their vehicle to crash into Decedent’s vehicle.

Plaintiff alleged the negligence of Defendants, and each of them, contributed to cause, combined with and/or concurred with the negligence and carelessness of each named Defendant to kill Decedent.

Plaintiff specifically alleged the defendant driver, J.C., was the operator of the tractor trailer prior to this Missouri truck accident and was at all times acting within the course and scope of his employment with Defendants, and each of them. Plaintiff also alleged J.C. was operating the tractor trailer in his individual capacity and as an agent, servant, and employee of Defendants, and each of them.

D.J. and B.J. vs. LIBERTY TRANSPORTATION, INC.

The United States District Court For The Eastern Division of Missouri

CONFIDENTIAL SETTLEMENT

The following are allegations Plaintiffs made in their lawsuit against the above named Defendants.

Defendant Liberty Transportation Inc. is an Iowa Company. Defendant D & R Specialized is a Mississippi corporation.

On or about July 13, 2002, Plaintiff was operating his tractor trailer on Interstate 70 East at or near the intersecting street, Missouri 135 South. All of these streets were open and public streets, highways and thoroughfares within the State of Missouri.

On the above stated date and at the above stated time, Defendants caused this crash. The crash was due to the negligence and carelessness of Defendants, jointly and severally, in the use, operation, and maintenance of their tractor trailer.

Defendant Golden was acting as an agent, servant and employee of Defendant Liberty Transportation, Inc., (hereinafter referred to as “Liberty”) a corporation duly organized and existing under Iowa law. Defendant “Golden” was at all times relevant, acting within the course and scope of his agency and/or within the course and scope of his employment with Defendant “Liberty”.

Plaintiff plead RSMo 508.070 states, “Suit may be brought against any motor carrier which is subject to regulation pursuant to chapter 390, RSMo, in any county where the cause of action may arise, in any town or county where the motor carrier operates, or judicial circuit where the cause of action accrued, or where the defendant maintains an office or agent, and service may be had upon the motor carrier whether an individual person, firm, company, association, or corporation, by serving process upon the director, division of motor carrier and railroad safety.”

Plaintiff alleged the motor carrier defendant, D & R Specialized Company (hereinafter referred to as “Specialized”), operated and operates through the City of St. Louis and Plaintiff plead venue was proper in the City of St. Louis, MO pursuant to RSMo 508.070.

The collision was due in whole or in part to the negligence and carelessness of Defendants in the following respects. That they:

• Failed and omitted to keep a careful lookout;
• Drove its at an excessive rate of speed that was high and excessive under the circumstances then and there existing;

and

• Permitted their tractor trailer to come into contact with Plaintiff’s truck.

Defendant “Specialized” was further negligent in that they:

• Improperly secured their load;
• Allowed part of their load to come off of the trailer and land on the traveled portion of the roadway;
• Failed to adequately secure the load on the trailer before leaving the last stop.

Plaintiff plead in the alternative, the negligence of Defendant “Golden” as outlined in the preceding paragraphs contributed to cause, combined with and/or concurred with the negligence and carelessness of Defendant “Liberty” and combined with and/or concurred with the negligence and carelessness of Defendants Rachel Smith, hereinafter referred to as “Smith” and Defendant D &R Specialized Company, hereinafter referred to as “Specialized” to cause this truck accident.

The negligence of Defendants, jointly and severally caused or contributed to cause injury to Plaintiff which included injury to his head, neck, shoulders, back and spine. All of Plaintiff’s injuries are painful, permanent and disabling.

Plaintiff’s ability to work, labor and enjoy life has been destroyed and is permanently impaired. As a direct result of Defendants’ negligence, Plaintiff was caused to undergo necessary medical care and treatment in excess of Ten Thousand Dollars ($10,000.00.) Plaintiff will be required to obtain future medical care.

Plaintiff has sustained a wage loss of an amount in excess of Ten Thousand Dollars ($10,000.00) and will incur a diminished earning capacity and wage loss in the future.

PROPERTY DAMAGE

Plaintiff was the owner of a 1998 International Conventional tractor trailer. On or about the above stated time and date, Plaintiffs’ tractor trailer was damaged in this crash as a result of the negligence of all Defendants.

LOSS OF CONSORTIUM

Currently and at the time of this crash, Plaintiff B.J. is and was the lawfully wedded wife of Plaintiff, D.J. As a direct and proximate result of the injuries to her husband, B.J. was caused to suffer a loss of his support, services, society, consortium, love and affection.

Plaintiffs prayed for judgment in an amount in excess of Seventy Five Thousand Dollars ($75,000.00) together with prejudgment interest and their costs expended and for such other and further relief as the Court deemed just and appropriate.

Negligent Hiring

Plaintiff alleged the Defendants, and each of them, were careless and negligent in hiring of Defendant J.C. A review of Defendant J.C.’s driving record should have alerted Defendants, and each of them, that J.C. exhibited traits of reckless behavior and incompetence.

Joint Venture

Plaintiff alleged there was a joint venture between all named Defendants in the operation, trucking, carrying, and hauling freight in the State of Missouri because:

• a. Two of the Defendants were subsidiary companies of each other and/or there was on the day of this Missouri truck accident, an express agreement between all Defendants, and each of them, to operate the tractor trailer and haul freight;
• b. There was an obvious common purpose between all Defendants, and each of them, in operating the tractor trailer at the time of this crash;
• c. There was a community of pecuniary interest in the common purpose of operating the tractor trailer; and
• d. There was an equal voice, giving an equal right of control in the direction of the joint venture between all Defendants.

R.L. vs. PRIORITY TRANSPORTATION, L.L.C.

The United States District Court For The Eastern Division of Missouri

CONFIDENTIAL SETTLEMENT

This case involved a Missouri truck accident in which Plaintiff was hit from behind by a tractor trailer. On or about August 4, 2004 Defendant J.B. was operating a tractor trailer on Interstate 55 South in Cape Girardeau, Missouri. Defendant J.B. crashed into Plaintiff’s vehicle from behind as he was operating the tractor trailer through fog. Plaintiff suffered injuries to his head, neck, back, spine, and left hand, including a herniated disc that required surgical repair.

This case was aggravated by the fact that this was the first run the Defendant driver was making for Priority Transportation, L.L.C., Defendant’s less than satisfactory safety rating, the foggy condition, and Defendant J.B.’s past driving violations in Arizona and Virginia. Plaintiff was a Miami Florida resident that sued J.B. and Priority Transportation, L.L.C. for injuries he suffered in the Missouri truck accident. The case was filed in The United States District Court For The Eastern Division of Missouri since Plaintiff was a resident of Florida and Priority was an Indiana company.

The tractor trailer involved in this truck accident was registered in the State of Indiana to Priority Transportation, L.L.C. It was a 2000 Freightliner Truck with VIN 1FUYSDYB1YLF83680 and with ICC #245283 and MODOT #454031.

TRUCK ACCIDENT ALLEGATIONS AGAINST DEFENDANTS

Plaintiff alleged:

• There was a joint venture at the time of this tractor trailer crash between all named Defendants in the operation, trucking, carrying, and/or hauling freight in the State of Missouri and participating in interstate commerce;
• Defendant Priority was the owner and/or operator of the tractor trailer that was being operated at the time of this truck accident;
• Defendant Priority owned, operated, maintained, managed, and controlled the tractor trailer involved in this Missouri truck accident;
• Defendant J.B. was acting within the scope of his employment with Priority at the time of this tractor trailer crash;
• The tractor trailer was in the exclusive custody and control of Defendants, and each of them individually and collectively at the time of this accident;
• The tractor trailer involved in the truck accident was owned and operated by Defendant Priority, it’s agents, servants, and employees and was operated by Defendant J.B. with Priority’s permission and consent;
• The tractor trailer was negligently and carelessly driven and operated when it struck and collided with Plaintiff’s;
• The crash, injuries, and damage to Plaintiff were a direct and proximate result of the crash which was caused solely by the negligence of Defendants, and each of them, individually and collectively and without any contributing negligence Plaintiff.

Plaintiff further alleged the Defendants were negligent by:

• Operating the tractor trailer at an excessive and dangerous rate of speed under foggy conditions;
• Failing to have the tractor trailer under proper control at the time of the crash;
• Failing to keep a proper lookout prior to the truck accident;
• Failing to obey the rules of the road requiring Defendant to keep a reasonable distance to the rear of the vehicle Plaintiff was driving;
• Following too closely to Plaintiff’s vehicle for safety prior to the truck crash;
• Failing to either slow down or stop the tractor trailer before crashing into Plaintiff;
• Failing to observe the rules of the road governing the movements of travelers on the highways of the State of Missouri;
• Failing to exercise “Extreme Caution” as required by 49 CFR 392.14;
• Violating many of the Federal Motor Carrier Safety Regulations detailed in 49 C.F.R. including but not limited to 392.3, 392.7, 395, and 392.14;
• Allowing the tractor trailer to be operated with numerous mechanical problems;
• Failing to properly train Defendant J.B as required by the Federal Motor Carrier Safety Regulations;
• Negligently hiring Defendant J.B.

Priority failed to properly train and instruct Defendant J.B. on how to properly and safely operate the tractor trailer and how to comply the Federal Motor Carrier Safety Regulations. The Federal Motor Carrier Safety Regulations deal specifically with the issue of driving or not driving during foggy conditions.

Defendant J.B.’s actions relating to this crash, by his own admission, and his prior driving history showed that Defendant J.B. had a complete disregard for the law and the safety of others. Defendant J.B.’s prior citations and reckless behavior was a sign of inexperience, lack of training, and habitual recklessness.

Plaintiff contended a review by Defendants, of Defendant J.B.’s driving record, would have alerted Defendants that Defendant J.B. exhibited traits of reckless behavior and incompetence. The Defendants in this case, at or near the time of this crash, were in violation of 49 C.F.R. §392.3, §392.7, §395, and §392.4.

The operation of the tractor trailer and the manner in which Defendants operated the tractor trailer on the public roadways showed complete indifference to and conscious disregard for the safety of the public. Plaintiff therefore made a claim for Punitive Damages.

Plaintiff’s injuries to his head, neck, back, spine, and left hand were painful, permanent and disabling. The injuries from the truck accident permanently impaired Plaintiff’s ability to work, labor, and enjoy life.

As a direct result of Defendants’ negligence, Plaintiff incurred medical bills in excess of Eighty-Four Thousand Dollars ($84,000.00) and will continue to incur future medical costs. Plaintiff also sustained a wage loss of an amount in excess of Twenty Thousand Dollars ($20,000.00) and suffered a diminished earning capacity and wage loss in the future.

Plaintiff sought judgment against Defendants and each of them, jointly and severally, in a sum in excess of Twenty-Five Thousand Dollars ($25,000.00) as was fair and reasonable to compensate him for his injuries plus Missouri prejudgment interest, together with his costs and for such other relief the Court deemed just and proper under the circumstances.