Defense argues plaintiff had sufficient distance, time to avoid the collision
On April 10, 2012, plaintiff was driving west on Interstate 94 when a tractor-trailer came to a complete stop in the middle lane. Independent eyewitnesses testified that there was no warning given to other motorists.
plaintiff ran into the trailer, suffering serious injuries as a result, including a below-knee amputation.
The truck driver was employed by a driver leasing company, and he was driving under the authority of Three Star Trucking Co.
Plaintiff argued that the collision was caused, in part, by the driver’s negligence when he failed to properly secure the glad hand (an air pressure hose that connects the tractor to the trailer). The hose supplied air to the trailer’s spring brakes, and when the air pressure was lost, the trailer brakes were automatically engaged.
Plaintiff said the truck driver noticed the truck beginning to slow, but was clueless as to why the truck was slowing. Rather than heed the multiple warnings (audible and visual) in the cab and move off the highway, the driver essentially did nothing and came to a stop in the center lane of the freeway. There was not enough time for plaintiff to perceive what was actually going on and react timely to avoid the collision.
Defendants argued that plaintiff was the cause of the collision, and that he had sufficient time and distance to avoid the collision. The defendants also asserted the presumption that the rear-ending driver is “prima facie negligent” under Michigan law.
Defendants asserted various comparative negligence arguments, including the failure to stop in assured clear distance ahead and that plaintiff’s medications affected his ability to safely operate his vehicle. The defense even filed a notice of nonparty fault against the owner of the vehicle that plaintiff was driving.
Plaintiff’s counsel noted that all of the defendants’ arguments were defeated through extensive written discovery; depositions of independent witnesses; investigating police and numerous defendant employees; tractor and trailer inspections; and a complete understanding of the mechanics and operation of the tractor and trailer combination.
The $3 million settlement was achieved after communication with the treating physicians and gaining an excellent grasp of the underlying medical issues and orthopedic injuries, and how these injuries have and will affect plaintiff for the rest of his life.
Type of action: Third-party auto negligence
Type of injuries: Severe orthopedic injuries resulting in multiple surgeries and a below-knee amputation
Court/Case no./Date: Macomb County Circuit Court; 12-3672-NI; Dec. 6, 2013
Settlement amount: $3 million
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