Car slides under truck: Failure to have rear bumper guard: Wrongful death: Settlement

Law Reporter, Apr 2003

Hurdle v. Smith, Va., Norfolk County Cir. Ct., No. L02375, May 6, 2002.

Hurdle, 36, was driving on a highway when a waste truck turned in her path. Her car struck the back of the truck and slid beneath it. A rail of the truck went through Hurdle's windshield, causing fatal injuries. Hurdle had been a customer sales representative earning approximately $24,000 annually. She is survived by her husband and minor son.

Hurdle's husband sued the driver of the truck and the company that owned it, alleging inattentive driving and failure to have a rear underride guard as required by state and federal law.

The parties settled before trial for $1.16 million. Plaintiff's expert witnesses in this case were Roland L. Ruhl, forensic engineering, Daniel A. Fittanto, mechanical engineering, and Ericka J. Southcombe, accident reconstruction, all of Champaign, Ill.

Defendant's expert was Charles R. Manning Jr., accident reconstruction, Raleigh, N.C.

Plaintiffs Counsel

*Jeffrey A. Breit,

*Michael F. Imprevento, and

*John L. Watts, all of Norfolk, Va.

William R Savage III, Suffolk, Va.