Truck collides with car: Inattentive driving: Failure to inspect truck: Fire: Wrongful death: Settlement

Law Reporter, Jun 2003

Doe v. Roe Trucking Co., Cal., Los Angeles County Super. Ct., confidential docket no., Oct. 23, 2002.

Doe, 51, was driving northbound in the left lane of a freeway. When traffic began to slow, a tractor-trailer traveling northbound in the right lane was unable to stop. It swerved to the left, pinning Doe's vehicle against the divider. Doe's car was crushed and caught fire, causing fatal injuries. Doe had been a plumbing contractor earning about $75,000 annually. He is survived by his wife and three adult children.

Doe's wife and children sued the truck driver and the trucking company, alleging negligent driving and failure to do a proper inspection of his truck, which plaintiffs alleged would have revealed that the brakes were faulty. Furthermore, plaintiffs alleged that the trucking company did not reprimand or retrain the driver one year prior to the incident, when he was cited for failure to perform a pre-trip inspection.

The parties settled during trial for $7.75 million.

Plaintiffs' Counsel

*Browne Greene, Santa Monica, Cal.

*Frank O'Kane, Santa Monica, Cal.

Richard Burton, Van Nuys, Cal.