Tractor-trailer collision: Negligent permit process: Failure to maintain road in safe condition: Wrongful death: Settlements: Verdict

Law Reporter, Oct 2002

Neder v. Parker, Ariz., Maricopa County Super. Ct., No. CV 2000-002489, Apr. 23, 2002.

Neder, 45, was driving a tractor-trailer through a construction zone consisting of one lane each for northbound and southbound traffic. One half of a modular home being transported in the southbound lane partially extended into the northbound lane, colliding with Neder's vehicle. Neder suffered fatal injuries. He was a self-employed truck driver, with future economic loss estimated at between $500,000 and $600,000. He is survived by his wife, parents, and three minor children.

Neder's survivors sued the state, the modular home mover, and the driver of the truck hauling the modular home. Suit against the state alleged it was negligent in exempting the modular home industry from regulations requiring most movers of wide loads to apply for a permit from the state department of transportation. In addition, plaintiffs claimed the state breached its duty to maintain the road in a safe condition because it had knowledge that the construction company placed barricades creating one lane of traffic for each direction.

Plaintiffs alleged that the driver of the modular home moving truck was negligent in allowing his load to encroach into the northbound lane and also that the mover negligently instructed its drivers regarding the proper way to travel through construction zones.

Plaintiffs also sued the construction company, alleging it was negligent in its placing of the barricades. In addition, plaintiffs sued another driver who was traveling ahead of Neder's vehicle, alleging he negligently reacted to the oncoming wide load by swerving and braking hard to avoid the load.

Before trial, plaintiffs settled with the construction company for $250,000, and with the other driver in the northbound lane for $65,000.

A jury awarded plaintiffs $4.21 million, including approximately $2.53 million to Neder's wife; $421,000 to each of Neder's children; and $210,500 each to Neder's parents. The jury found the state 70 percent responsible, the mobile home mover 15 percent, the driver 10 percent, and the construction company 5 percent.

Plaintiffs' expert witnesses were Robert L. Bleyl, accident reconstruction, Placitas, N.M., and Larry D. Stokes, economics, Scottsdale, Ariz.

Defendants' experts were Joseph D. Peles, accident reconstruction, and Gary T. Yamaguchi, biomechanics, both of Tempe, Ariz.; and Paul R. Bjorkland, economics, Flagstaff, Ariz.

Plaintiffs' Counsel

H. Christian Bode, Phoenix, Ariz.