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Tractor Trailer Pins Man to Wall and Crushes Him

Practice Area: Trucking - Catastrophic Automotive Accidents
Client: Personal Representative of Plaintiff's Estate

ABBRC
Alters Law Firm Attorney
   Jeremy Alters (View Profile)

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  Case Description:

Verdict: $3,251,091.29

Case Style: Personal Representative of the Estate v. Tractor Trailer Driver and His Company.

Court: 11th Judicial Circuit in Miami-Dade County, Florida

Judge: Honorable Roberto Pineiro

Date: May, 2003

Defense Attorneys: Edward Nicklaus, Esq.




  Facts And Allegations

On October 15, 2001 Tractor Trailer Driver negligently and carelessly operated his tractor and killed Plaintiff. He failed not once, not twice, but three times to couple his tractor to the trailer. He failed to recognize initially that his fifth wheel would not slide under the trailer which was too low for connection. Once he realized it, rather than doing the right thing (getting out of the tractor to raise the trailer by crank handle), he continually rammed his tractor into the trailer to try and forego the need to utilize the crank handle. In doing so he pinned Plaintiff to the wall, crushing his internal organs with the force of 50,000 pounds. The Tractor Trailer Driver's actions violated Federal, State and Industry standards for tractor trailer drivers. Additionally, he, according to testimony from the trucking company's employees, violated the Company's own policies and procedures.

The policies and procedures were destroyed by the trucking company after October 15, 2001, the date of the incident. The documents were destroyed with the knowledge and understanding that a lawsuit would ensue as a result of this tragedy.

Defendants claimed that Plaintiff was improperly standing behind the truck at the time of the incident. However, he was simply doing his job sealing the trailer to protect the integrity of the the trucking company's load which the tractor trailer driver dropped off at the wrong location.

Injuries & Damages

Plaintiff was crushed and died instantaneously

Result

Jury Verdict for $3,251,091.29