Oregon Federal Court Grants Summary Judgment To Shipping Customer For Truck Driver’s Injuries
Posted on Nov 19, 2014 in Transportation | Comments Off on Oregon Federal Court Grants Summary Judgment To Shipping Customer For Truck Driver’s Injuries
In a case brought by an independent contractor truck driver for injuries he sustained while attempting to deliver an intermodal container packed with scrap foam to a manufacturing company. When he opened the container, two pallets weighing 600 pounds each fell and knocked him to the ground. The plaintiff alleged a premises liability claim against the manufacturing company (the...
Oklahoma Federal Court Holds FRA Crossing Inventories Admissible In Finding Rail Crossing Public
Posted on Nov 2, 2014 in Investigations, Transportation | Comments Off on Oklahoma Federal Court Holds FRA Crossing Inventories Admissible In Finding Rail Crossing Public
In Oklahoma litigation arising from a fatality caused by a train striking a car as it passed through a railroad crossing, a key issue dictating the requisite duty of care became whether the crossing was whether the crossing was public or private. The parties disputed the admissibility of Federal Railroad Administration Crossing Inventories related to the particular crossing. The...
Eighth Circuit Affirms Dismissal Of Brakeman’s Retaliatory FRSA Claim
Posted on Oct 29, 2014 in Investigations, Litigation, Transportation, Workplace Safety | Comments Off on Eighth Circuit Affirms Dismissal Of Brakeman’s Retaliatory FRSA Claim
In December 2009, a railroad brakeman with a long history of good work performance committed a serious safety violation for which he accepted responsibility and agreed to disciplinary measures including a year of probation. In September 2010, the railroad dismissed the brakeman following an investigation into a separate serious safety violation committed in June 2010. In March 2011,...
Illinois Appellate Court Allows Vicarious Liability Claim To Proceed Against Hotel Company In Plane Crash Case Even Though No Ownership Interest
Posted on Oct 28, 2014 in Transportation | Comments Off on Illinois Appellate Court Allows Vicarious Liability Claim To Proceed Against Hotel Company In Plane Crash Case Even Though No Ownership Interest
A surviving spouse filed an action for wrongful death of a passenger involved in a small plane crash while en route from Kansas to Illinois. Among various other defendants, the plaintiff sued the estate of one of the other passengers, a co-owner of the plane who was also the founder and president of a hotel company. The plaintiff sued the co-owner for negligent entrustment and...
Alabama Jury Levies $9.9 Million Verdict In Auto Crash Case Involving Design And Placement Of Muffler
Posted on Oct 21, 2014 in Product Liability, Transportation | Comments Off on Alabama Jury Levies $9.9 Million Verdict In Auto Crash Case Involving Design And Placement Of Muffler
On Monday, an Alabama jury levied a $9.9 million verdict against a car manufacturer following a 2010 crash that resulted in a fuel-fed fire that killed the passenger and injured the driver. The verdict followed a three-week trial. The plaintiffs’ attorney claimed that when the car crashed into a utility pole, a sharp edge of the metal muffler near the fuel tank caused the fuel tank...
Delaware Court Finds Accident Reconstructionists Qualified To Testify In Helicopter Crash Case
Posted on Oct 17, 2014 in Investigations, Transportation, Workplace Safety | Comments Off on Delaware Court Finds Accident Reconstructionists Qualified To Testify In Helicopter Crash Case
The Superior Court of Delaware recently addressed the admissibility of expert opinion proffered by accident reconstructionists in a wrongful death action involving a helicopter crash over the Gulf of Mexico. Each party challenged the other’s experts asserting that the experts were unqualified and their opinions unreliable. The court found, in large part, that the plaintiffs’ experts’...
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