| Death
Case Mediated For $1 Million
At approximately 12:40 a.m. on Jan. 19, 2002, the
defendants' eastbound tractor-trailer crossed the median of
Interstate 64 and crashed head-on into the car in which the
plaintiff's decedent was riding. The plaintiff's decedent was
killed instantly. The parties agreed to conduct an early
mediation of the case. At mediation, the plaintiff argued that
the truck driver was clearly negligent since he left his lanes
of travel and entered the oncoming lane.
The truck driver and the trucking company argued that the
truck driver blacked out without any warning, due to an
unforeseen syncopic episode suddenly caused by choking. The
plaintiff responded, however, that under the Virginia
Deadman's Statute (Virginia Code Sect. 8.01-397) the truck
driver would be precluded from relying on his uncorroborated
testimony to prevail on a sudden medical emergency defense.
The plaintiff further argued that the truck driver should not
have been driving a commercial motor vehicle in the middle of
the night when he knew he had previously had serious problems
with sleep apnea. The plaintiff also argued that the truck
driver knew he was tired and needed rest. On the night of the
collision, he told a Virginia State Trooper that shortly
before the collision he talked to a UPS driver on his CB radio
and said he was looking for a place to pull over and take a
break.
According to the trucker's log book, the last time prior to
this collision he recorded any break was approximately 20
hours earlier. Under federal regulations, the driver's
"record of duty status" (i.e., log book) must be
kept "current to the time shown for the last change of
duty status." Federal Motor Carrier Safety Regulations
Sect. 395.8(f)(1). The plaintiff argued that the log book,
combined with the applicable federal law, supported the
conclusion that the truck driver had not taken any break for
nearly 20 hours. The plaintiff stressed that the jury would be
instructed that under Virginia law driving for more than 13
hours constitutes negligence. Virginia Code Sect.
8.01-46.2-812; Virginia Model Jury Instructions, Instruction
No. 10.050.
The trucking company also argued that it could not be held
liable because the truck driver was an "independent
contractor" who was leasing its truck. The plaintiff
responded that, since the trucking company's name and
Department of Transportation number were on the side of the
tractor, federal statutes and regulations rendered the
trucking company the "statutory employer" of the
truck driver even if, under state law principles that would
apply in other contexts, he would be an independent
contractor. Long-standing federal statutory-employment rules
remain valid under the Interstate Commerce Commission ("ICC")
Termination Act and they impose upon the motor carrier
complete liability to the public for harm caused in the
operation of the equipment operated under the carrier's
authority. See Ryder Truck Rental, Inc. v. UTF Carriers,
Inc., 907 F.2d 34 (4th Cir. 1990). Additionally, the
effect of the federal leasing regulations is to make the
carrier/lessee liable to the same extent as it would be for
its own equipment operated by its own employees. The 4th U.S
Circuit Court of Appeals has held that the intent of the
federal leasing regulations was to correct widespread abuses
incident to leases of trucking equipment and to make sure that
licensed carriers would be responsible in fact, as well as in
law, for the maintenance of leased equipment and the
supervision of borrowed drivers. See Proctor v. Colonial
Refrigerated Transportation, Inc., 494 F.2d 89 (4th Cir.
1974) (citing American Trucking Associations v. United
States, 344 U.S. 298 (1953).
The plaintiff's decedent was 25 years old at the time of
her death, and had just graduated from a police training
academy. Before deciding to become a police officer, she had
attended college (the first person in her extended family to
attend college) and had worked for several years as an
award-winning journalist. She was survived by her father,
mother, and a sister. Because the plaintiff's decedent had not
yet begun her new career and her family members did not, in
any event, depend upon her for financial support, there was no
evidence of any economic losses. The settlement recovery was
thus completely for the family members' grief, anguish, and
other non-economic losses. Additional terms of the settlement
included funding of two $10,000.00 scholarships. One
scholarship was established at the newspaper where plaintiff's
decedent had worked as a reporter and the second was
established at the police academy where plaintiff's decedent
completed training just prior to the collision.
Type of Action: Wrongful Death - Tractor-Trailer
Collision with Automobile
Type of Injuries: Traumatic Brain Injury Resulting
in Death
Name of the Case: Confidential
Court: Case settled before lawsuit was filed.
Awarded/Settled: Settled at mediation in December of
2002 [publication of this trial report was delayed due to a
confidentiality agreement until related cases were resolved.]
Mediator: John H. OBrion, Jr.
Amount: $1,000,000.00 and scholarship funding of
$20,000.00
Attorneys for Plaintiff: James A. McCauley, Bridget
N. Long and Roger T. Creager, Richmond |
