Rear-end collision: Driving excessive hours: Failure to monitor driver's logs: Wrongful death: Fractured collarbone: Settlement

Law Reporter, Sep 1999

Juarez v. Kirchenschlager, Wyo., Laramie County 1st Jud. Dist. Ct., Doc. 151, No. 341, Apr. 15,1999.

Fiorini, 40, was a passenger in a van driven by Janeczek, 38, when they were struck from behind by a tractor-trailer. Fiorini suffered fatal injuries. She had been a machinist earning about $22,000 annually. She is survived by one adult and four minor children. Janeczek suffered road burns, psychological trauma, and a fractured collarbone that required two surgeries. His medical expenses totaled about $30,000. A school district engineer earning about $33,000 annually, he missed about 10 weeks of work.

Fiorini's estate and Janeczek sued the truck driver, alleging he had been fatigued from driving excessive hours. Plaintiffs also sued the trucking company, alleging direct liability for encouraging safety regulation violations by failing to monitor or confirm the driver's logs and receipts. Plaintiffs claimed the driver's logs had contained violations of the Federal Motor Carrier Safety Act, 49 U.S.C. sec 31101 et seq., including (1 ) driving and remaining on duty an excessive number of hours, (2) failing to log on-duty hours, (3) falsifying the number of hours spent driving and on duty, and (4) falsifying the truck's location. Suit against the company also alleged liability under the doctrine of respondeat superior.

Defendants argued that a trailer being towed by Janeczek's van did not have operating taillights.

The parties settled for $1 million, paid by the trucking company's insurer. Fiorini's estate received $875,000 and Janeczek, the rest.

Plaintiffs' experts included Stephen J. Fenten, engineering, Denver, Colo., and Joseph Morrison, trucking safety, Noblesville, Ind.

Defendants' experts included Merrill Mitler, neuropharmacology, La Jolla, Cal.; Richard Stuart, accident reconstruction, Danville, Cal.; and Arnold Wheat and David Loaf, accident reconstruction, both of Wheat Ridge, Colo.

Estate's Counsel:

Michael R O'Donnell, Cheyenne, Wyo.

Rhonda S. Woodard, Cheyenne, Wyo.

Janeczek's Counsel:

Daniel English, Arvada, Colo.

[Documents in this case are available through the Court Documents section in the back section of this issue, courtesy of Mr. O'Donnell.]