GENERAL
ALLEGATIONS:

The accident occurred on May 27, 2010 at about 1:23 P.M. when Plaintiff was traveling eastbound in the right inside lane in the 5900 block of State Highway 225 in a 2007 GMC Yukon Denali. Traveling ahead of Plaintiff was Mr. Pratt, the Defendant. Mr. Pratt was traveling eastbound in the left inside lane in the 5900 block of State Highway 225, driving a 2007 Ford F350 truck pulling a 2006 flatbed utility trailer, when a metal pipe fell from the trailer’s unsecured load onto the roadway. Mr. Payne’s vehicle struck the pipe, which caused his vehicle to careen into the concrete median barrier, a tire to blowout, property damage to Mr. Payne’s vehicle and personal injuries to Mr. Payne.

PLAINTIFF:

Plaintiff is a 56 year old married man and has been self-employed as a group health insurance broker. He is working and recently moved to Pontotoc, MS.

INJURIES
SUSTAINED:

Due to this accident, Plaintiff injuries include his back, neck, left knee and the stump of his amputated leg (amputation was due to a prior self-inflicted wound).

Plaintiff was treated by Dr. Rodriguez who performed surgery of  anterior and lateral meniscus tears of the left knee with below knee amputation on August 11, 2011. Plaintiff still has pain in the stump. Dr. Rodriguez suspects a damaged nerve.

Mr. Wilson, attending prosthetics, saw Plaintiff from June 3, 2010 to August 11, 2011 for 12 outpatient visits for provision of a new Left BKA Prosthesis. The dispensation of this prosthesis was necessitated by the state of disrepair of his old prosthesis which was eight years old and the unmanageable level of soft tissue atrophy secondary to Cancer. During the course of treatment all went as well as expected with the exception of ongoing distal tibial pain which persisted in spite of intensive prosthetic intervention. It was noted on 6/28/11 that RMI indicates osteophytes at the end of his tibia, at which time further modifications to the prosthesis were made. During this visit Mr. Wilson mentioned to Plaintiff that in the 30 years he has helped him with his prosthetic restoration he has never known him to have the presence of osteophyte formation and he believes that this could conceivably be the result of trauma and injury sustained during his vehicular accident. It’s quite likely this formation of osteophytes will necessitate on going prosthetic intervention and more than likely medical intervention.

DEFENDANTS:

MIKE PRATT – resides in Texas City, Texas and was the driver who negligently operated the truck and trailer. Mike Pratt was in the course and scope of his employment with Defendant, Cannonball Trucking, Inc.

MIKE TRUE -  resides in Houston, Harris County, Texas and was the owner of the trailer and on information and belief; he improperly loaded the trailer, failed to establish properly loading procedures, and/or failed to oversee the loading process.

CANNONBALL
TRUCKING, INC. -  is a Texas business that is incorporated in Texas and was the owner of the truck and employer of Michael Pratt.

NEGLIGENCE:

Against PRATT and CANNONBALL TRUCKING (Respondeat Superior)

PRATT’s negligent operation of the Truck and Trailer resulting in a hazardous condition on a public roadway. PRATT and CANNONBALL TRUCKING are negligent for the following reasons:

a. Failing to properly secure the pipe and/or ensuring that it was secured properly;
b. Failing to seek proper training about securing loads;
c. Failing to keep a proper lookout;
d. Failing to control his speed; and,
e. Failing to take a non-highway route, so he could have traveled at a speed that lessened the possibility of his load falling off his truck.

Plaintiff will further show that, at all material times hereto, PRATT was acting within the course and scope of his employment or agency relationship with CANNONBALL TRUCKING, INC., for the purposes of respondent superior liability at the time of the accident made the basis of this suit.

Against CANNONBALL TRUCKING (direct negligence)
CANNONBALL TRUCKING is independently negligent for:

a. Failing to implement proper loading procedures;
b. Negligently hiring PRATT; and,
c. Negligently training PRATT.

Against TRUE (direct negligence)
Plaintiff alleges that True was negligent for the following reasons, on information and belief:

a. Improperly loading the Trailer;
b. Failing to establish proper loading procedures; and,
c. Failing to oversee the loading process.

Res Ipsa Loquiter
Plaintiff pleads the theory of res ipsa loquiter against all defendants.

DAMAGES:

Defendants’ negligence was a proximate cause of the occurrence and of the following injuries and damages suffered by Plaintiff:

a. Plaintiff has incurred reasonable and necessary medical expenses in the past, and, in all reasonable medical probability, will incur reasonable and necessary medical expenses in the future;

b. Plaintiff has suffered physical pain and suffering in the past, and, in all reasonable probability, will continue to suffer physical pain in the future;

c. Plaintiff has suffered mental anguish in the past and, in all reasonable probability, will continue to suffer mental anguish in the future;

d. Plaintiff has sustained a loss of wages in the past and/or loss of earning capacity in the past and, in all reasonable probability, will continue to sustain a loss of earning capacity in the future;

e. Plaintiff has suffered physical disfigurement in the past and, in all reasonable probability, will continue to suffer physical disfigurement in the future; and,

f. Plaintiff has suffered physical impairment in the past and, in all reasonable probability, will continue to suffer physical impairment in the future.

20. Plaintiff seeks damages in an amount that is within the jurisdictional limits of the court.

COMMENTS:

Plaintiff pleads the theory of res ipsa loquiter against all defendants. Res ipsa loquiter is a rebuttable presumption or inference that the defendant was negligent, which arises upon proof that the instrumentality or condition causing the injury was in the defendant’s exclusive control and that the accident was one that ordinarily does not occur in the absence of negligence.

Mike Pratt and Cannonball Trucking are represented by Ronald Bair with Bair*Hilty. Mr. True has not been served; a Substitution of Service has been filed.

Massive pileup of several semi trucks, passenger cars and other vehicles on I-75 in Gainesville, FL where 10 people were killed on Sunday, January 29, 2012.

Gainesville is located in Alachua County, FL in the northern part of the state about 132 miles northeast of Tampa, 114 miles northwest of Orlando and 37 miles northwest of Ocala.

WATCH VIDEO

There were actually a series of crashes on I-75 that began around 3:45 a.m. in the morning. A combination of thick fog and smoke contributed to the tragedy. A nearby brush fire in the dark sent clouds of blinding smoke onto the highway which reduced visibility to such an extent that vehicles began crashing into each other.

The crashes occurred in Gainesville, FL on Interstate 75 at mile marker 379 about 30 miles north of Ocala.

Map showing location of deadly pileup on I-75 in Gainesville, FL at mile marker 379 where several semi trucks crashed and where 10 people were killed.

About 6 semi trucks and 12 other vehicles were involved in the accidents. Collisions were occurring on both the northbound and southbound lanes of the Interstate in a chain reaction pileup. The collisions triggered an inferno which burned many of the vehicles beyond recognition.

It was reported that the smoke was so thick that emergency crews responding to the incident could not see any of the injured in order to be able to reach them.

The series of accidents began late Saturday night when a tractor trailer ran into the back of a car and then was hit from behind by an SUV. The Interstate was shut down for several hours because of the poor visibility from the smoke in the air.

The Interstate was re-opened around 3:30 a.m. Sunday morning and then another series of crashes happened that were much worse. Officials shut down the Interstate again around 4:00 a.m. Sunday morning and kept it closed this time until later on in the evening. The northbound lanes were opened first, followed by the southbound lanes later on.

Investigators are looking at the idea that the nearby brush fires were caused by arson. Criminal charges are being considered and authorites may press manslaughter charges for the deaths that were caused.

An article at the CNN News website reported on the story:

Late Sunday, the National Weather Service in Jacksonville issued a dense smoke advisory for early Monday morning. Smoke from nearby fires will cut visibility to less than a mile in some places, it said. While the dense smoke advisory expired at 8 a.m. ET, the weather service said later Monday that patchy smoke was possible and warned of reduced visibility.

U.S. 441 lay just to the east of the wrecks, where poor visibility conditions existed as well, due to the smoke and fog. It was also reported that there were crashes there, as well.

Portions of the roadway were melted from the intense heat from the fire from one of the crashes.

Related searches:

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Photo shows 18 wheeler in a ditch alongside I-40. PHOTO Credit: WKRN-TV Nashville

The semi truck accident happened around 10:30 a.m. in a ditch along side the Interstate 40 which partially blocked traffic for several hours on Thursday.

Map shows location of 18 wheeler accident off I-40 in Carthage, TN on Jan 26, 2012.

The Tennessee Department of Transportation reported that the I-40 was cleared at about 1:30 p.m., however, there were no reports of injuries or what caused the accident

The incident remains under investigation at this time.

Related search:
Nashville 18 Wheeler Accident Lawyer

A semi truck overturned on the northbound I-75 in Rockwood, MI on Friday, January 20, 2012, blocking traffic for hours. Photo credit: Mike Campbell / CBS WWJ Detroit

Rockwood is located in Wayne County, Michigan in the southeastern part of the state about 49 miles south of Rochester Hills, 46 miles southwest of Troy, 40 miles southwest of Warren and 33 miles southeast of Livonia.

WATCH VIDEO

The accident occurred around 4:00 a.m. early Friday morning on the northbound I-75 at the Woodruff Rd overpass.

Map showing location of semi truck accident in Rockwood, MI on the northbound I-75 near the Woodruff Rd. overpass.

The tractor trailer was traveling northbound on I-75 when it struck a concrete divider at the Fort Street exit (Exit 28), then rolled along the wall until it flipped over on its side, coming to rest under the Woodruff Road overpass.

The semi trailer had markings indicating it belonged to Verspeeten Cartage, from Ingersoll, Ontario, Canada, about 277 miles northwest of Rockwood.

An article in the CBS News website in Detroit reported on the story:

It appears the truck hit an exit divider and rode the wall before flipping on its side and sliding under the overpass at Woodruff Road. Rockwood Fire Chief Dan Mercure said the accident happened in the early morning hours. “The driver was going northbound on I-75, hit the extender here, drove up on the top, rolled over. It was carrying auto parts. We took the driver to the hospital and we’re just trying to get the area cleaned up now and get this road opened up”

The 18 wheeler was hauling crates of automotive parts or machinery which had to be removed from the trailer before it could be uprighted by wreckers. Cleanup crews used a forklift to move the heavy cargo before the trailer and tractor could be put upright and then removed from the scene of the accident.

The driver was taken to the hospital. There are no details as to the driver’s condition, but media reports indicate that his injuries were minor.

A section of the Interstate between Woodruff Rd and Gibraltar to the north had to be closed while the wreckage was cleared from the scene of the accident.

Traffic was blocked on the Interstate for about 8 hours while crews worked to cleanup the debris.

Authorities do not know what caused the accident. It is currently under investigation.

Related searches:

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View facing north on Illinois Route 4 just south of Weber Road (on the right) where a motorist was killed in a fatal head-on collision with a semi truck on January 12, 2012.

Marine is located in Madison County, Illinois in the western part of the state about 283 miles southwest of Mount Prospect, 254 miles southwest of Naperville and 237 miles southwest of Joliet.

The accident occurred around 2:40 p.m. on Illinois Route 4 just south of Weber Road in what was described as “white out” conditions. The victim was identified as Vincent L. Terrie, 50 years old from New Baden, IL.

Map showing location of fatal semi truck accident on Illinois Route 4 just south of Weber Road in Marine, IL where a 50 year-old motorist was killed in a head-on collision with an 18 wheeler.

Terrie was traveling southbound on Route 4 in a 2004 Hyundai when he crossed over the center line into northbound traffic and collided head-on with an 18 wheeler that was moving northbound at the time. The truck was unable to avoid the collision.

Terrie was pronounced dead at the scene by the Madison County coroner around 3:45 p.m.

The tractor trailer, a 2005 Peterbilt, was driven by Steven E. Lynch, 44 years old from Shipman, IL. Lynch was reported to be uninjured in the accident.

The crash triggered a second collision when, shortly afterwards, a pickup truck and an SUV also crashed head-on into each other while trying to avoid the first accident.

Traffic was closed on Route 4 for about 4 hours. The reason why Terrie crossed over the center line into oncoming traffic is not known by investigators. The crash is currently investigation by Illinois State Police.

The weather was most likely a factor in these accidents. It was reported that the road was covered with snow and that there were heavy winds and blowing snow.

Related searches:

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Tractor-trailer slumped over onto BNSF railroad tracks after semi truck plunges from Tulsa, OK bridge on January 5, 2012.

Tulsa is located in Tulsa County, Oklahoma in the northeastern part of the state about 122 miles northeast of Norman, 106 miles northeast of Oklahoma City and 55 miles northwest of Muskogee.

WATCH VIDEO

The accident occured on the southbound U.S. 75 while the truck was exiting on the 23rd St bridge. The truck may have been moving too fast for the amount of load in the trailer. The trailer swayed to the left and went through the guard rail and off the bridge and the pulled the tractor off with it.

Map showing location of semi truck accident in Tulsa, OK from the southbound U.S. 75 to the 23rd St bridge and onto the railroad tracks below.

The 18 wheeler landed on some BNSF railroad tracks. The trailer landed first and the tractor and cab landed over the top of the trailer. This was lucky for the truck driver.

A spokesperson from the Oklahoma Department of Transportation (ODOT) commented that the trucker was fortunate that it was the trailer that pulled the tractor on top of it because the truck driver managed to crawl from the wreckage on his own. Had it been the other way around, he may not have survived the crash.

An article in the Newson6.com website reported on the story:

The Oklahoma Department of Transportation’s Martin Stewart says the driver was exiting southbound when the truck’s trailer went over the guardrail and fell onto the tracks below. Stewart says the trailer pulled the truck’s cab over the guardrail and that is what saved the driver’s life.

The 37 year-old big rig driver was treated by paramedics at the scene and was transported to a local hospital. He was reported to be in fair condition.

There was some diesel fuel that leaked from the semi truck’s saddle tanks so firefighters from the Tulsa Fire Department were dispatched to the scene of the accident to deal with the hazardous materials cleanup. Fortunately, no evacuations had to be ordered.

The bridge was shut down for a short time while investigators and cleanup crews dealt with the accident. It was reported that the bridge did not sustain any structural damage – just the guardrail, so it was deemed safe for travel.

It was also fortunate that there were no train traffic at the time, either.

Related searches:

Oklahoma Truck Accident Lawyer

The rear trailer of a double trailer semi truck detached from the front trailer and semi tractor and wrapped around a light pole on Beltway 8 near JFK Blvd. in Houston, TX on January 5, 2012.

Houston is located in Harris County, Texas in the southeastern part of the state about 85 miles southwest of Beaumont, 51 miles northwest of Galveston and 14 miles northwest of Pasadena.

WATCH VIDEO

The accident occurred just after 8:00 a.m. in rush hour traffic on the westbound Beltway 8 just before JFK Blvd. The 18 wheeler was pulling a double trailer when it was side-swiped by a passenger car.

Map showing location of a double trailer semi truck accident where the rear trailer separated from the cab and front trailer on the westbound Texas Beltway 8 just east of JFK Blvd. in Houston, TX.

The trucker hit his brakes hard, then jackknifed, spun around and tipped over, causing the rear trailer to come loose and cross over the top of the concrete median wall. The rear trailer crashed into a light pole in the center divider. It came to rest blocking the center lane.

The sheet metal skin of the rear trailer was literally peeled back like a sardine can by the light pole almost looking like it was impaled. The light pole was knocked out of service and had to be removed in order to free the wrecked trailer that was wrapped around it and allow the trailer to be removed.

The front trailer and cab came to rest laying cross-wise on its side blocking the right lanes of traffic. Houston TranStar shut down the freeway in both directions for about a mile from the scene of the accident.

An article in the Houston Chronicle website reported on the story:

One of a pair of trailers the big rig was pulling broke away from the truck and slammed into light poles in the center divider of the roadway, said Dinah Massie, spokeswoman for Houston TranStar. Massie said the other trailer toppled.

The big rig was operated by Con-Way Freight. One of the trailers was empty and the other was carrying paint products. The cleanup efforts were expected to take hours.

Traffic was diverted to the feeder roads but officials even stopped traffic there for a time because they were not sure if it was safe to travel on them.

One person was rushed to the Northwest Medical Center after the accident. It is believed that this was the big rig driver that was injured in the accident. Officials are not disclosing the name of the person who was hospitalized and there are no details on the extent of his injuries.

About 40 firefighters were dispatched to the scene along with Haz-Mat crews because the truck was hauling flammable materials.

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Target store semi truck plunges into an icy pond and sinks in 7 feet of freezing water after going off the road on I-94 in Monticello, MN on January 6, 2012.

Monticello is located in Wright County, Minnesota in the central part of the state about 49 miles northwest of Saint Paul, 38 miles northwest of Minneapolis and 28 miles southeast of St. Cloud.

WATCH VIDEO

The accident occurred on I-94 about 4 miles west of Albertville, MN at mile marker 197. The 18 wheeler was traveling eastbound on I-94 when it moved across the westbound traffic lanes and then off the road and into a pond that was frozen over by the roadside.

Map showing loaction of semi truck accident where a Target store big rig rolled into an icy pond off I-94 in Monticello, MN about 4 miles outside of Albertville.

The big rig driver, John Netiffee, 35 years old from Anoka, MN, managed to escape from the cab and make it to safety. The big rig’s tractor was sitting in freezing water about 7 feet deep.

Netiffee was taken to New River Medical Center in Monticello and then was treated and released. There are no other details available as to his condition or the extent of his injuries.

An article in the St. Michael Patch website reported on the story:

Target employees at the Rogers store did not know if the truck was headed to their location, or even if it was hauling freight at the time. It could have been making its way back from a delivery. Target Corporate in Minneapolis also has yet to identify the truck’s route for Friday morning or where it was in its delivery schedule.

The accident occurred around 6:30 a.m. on Friday. Investigators do not know why the truck left the road, but the accident is currently under investigation.

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Arkansas ruling can affect truck accident cases

The ruling arose out of a lawsuit between the German multinational corporation, Bayer, and Arkansas rice farmers that their rice crops had been contaminated by genetically modified rice.

The lawsuit, Bayer Cropscience LP v. Schafer, arose when trace amounts of genetically modified rice began to appear in the nation’s long-grain rice supply. The contamination was alleged to be traced back to negligence on Bayer’s part when conducting outdoor field tests. The contamination was detected about six months after the tests were conducted.

WATCH VIDEO

An article at the website for American Association for Justice reports:

They alleged that Bayer CropScience and its predecessor, Aventis, devastated the rice industry by negligently contaminating the domestic long-grain rice supply with genetically modified rice, which is not approved for sale as food in the United States. Also, many countries that import American rice, including those in the European Union, prohibit genetically modified food. The U.S. Department of Agriculture discovered the contamination in 2006.

A downloadable PDF of the lawsuit filing can be found at the arkansas.gov website:
Bayer Cropscience LP v. Schafer, 2011 Ark. 518

It is our opinion that this court ruling has implications on other lawsuits involving punitive damages, including lawsuits involving commercial vehicles. With the cap on punitive damages in the 2003 law being struck down, this will surely have an effect on semi truck accident cases involving trucking companies and other providers.

Map showing location of an accident with a fire truck and a suspected DUI driver on December 28, 2011 at Del Mar Circle and East 6th Ave in Aurora, CO.

Authorities report that the scene of the accident occurred about 5:15 p.m. at the intersection of East 6th Ave. and Del Mar Circle.

FOX31Denver reports:

According to Aurora Police Lt. Chuck DeShazer, the female driver of a Toyota sedan that was stuck in traffic on eastbound 6th Ave. suddenly pulled out of traffic, sideswiped two cars, and crossed into the westbound lanes of 6th Ave., directly in front of the 68,000-pound fire truck which was responding to another incident at the time

Related search:
Denver Truck Accident Lawyer