July 1st, 2011 | 
Author: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA – Gordon, Elias & Seely, LLP, renowned truck accident lawyers, are representing a husband and wife who were struck by an 18 wheeler Peterbuilt truck by a big rig driver employed by GRAND ISLE EXPRESS at the time of the subject incident.
This incident occurred on or about January 20, 2010, in the Petro truck parking lot located at the York interchange of Interstate Highway 80, York County, Nebraska.
GENERAL
ALLEGATIONS:
On January 20, 2010 Plaintiffs were lawfully parked in a parking lot truck stop and were asleep in their 2008 Freightliner tractor trailer truck, when on the above date, at approximately 7:00 a.m., a 2007 Peterbuilt 18 wheeler tractor trailer driven by Russell Luft, while employed by GRAND ISLE EXPRESS at the time of the subject incident, ran into them. When the collision occurred, the plaintiffs were thrown about the cab violently.
PLAINTIFFS:
Male plaintiff is a 53 year old male that was employed by Prime, Inc. and was in the course and scope of his employment.
Female plaintiff is the wife of male plaintiff and both of them were residents of Marietta County, Georgia at the time of the incident.
DEFENDANTS:
Russell Luft is a resident of Hall County, Nebraska, and was acting within the scope and course of his employment with GRAND ISLE EXPRESS, Inc.
GRAND ISLE EXPRESS is a corporation doing business in the State of Nebraska.
INJURIES
SUSTAINED:
When the collision occurred, the plaintiffs were thrown about the cab violently. The male plaintiff sustained injuries to his neck, chest, back, left elbow, and left arm. He was presented to the emergency room and underwent a one-level cervical fusion at C6-C7. A month after the first surgery, the male plaintiff underwent a revision fusion surgery at C6-C7 and also had a fusion at C3-C4 and C4-C5.
As a result of this accident, the male plaintiff has had extensive medical treatment and is continuing to receive treatment from his long list of medical providers. It is unknown at this time, if the plaintiff will have to undergo additional surgeries or whether he will ever be able to return back to work in any capacity.
LOSS OF CONSORTIUM:
As a proximate result of the negligence of the Defendants as aforesaid, female plaintiff (wife) has lost the care, comfort and consortium of her husband past and future.
BYSTANDER LIABILITY:
At the time of said incident, the female plaintiff (wife) was in the cab with male plaintiff (her husband) and observed as he was injured and, as a result, incurred pain, suffering and mental anguish, past and future.
COMMENTS:
The police officer cited the Defendant for causing the accident. Defendants have admitted liability for this accident.
Both Defendants Luft and GRAND ISLE EXPRESS were jointly negligent as follows:
- Failure to keep the vehicle under reasonable control
- Failure to operated said vehicle in a reasonably safe
- condition
- Failure to keep a proper look out
- Driving at a speed exceeding that which is reasonable and
- proper for the conditions
- Violating Title 49 CFR 13-92.14.
The Defendant GRAND ISLE EXPRESS was independently negligent as follows:
- Failing to properly hire, train, supervise and manage Defendant Luft
- Failing to properly maintain its vehicle by permitting fog accumulation on the mirrors and windshield of the tractor trailer driven by Defendant Luft.
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