A federal jury in the Southern District of Iowa returned a verdict of over four million dollars for GRL Law's clients who were victims of a semi-truck accident. The accident took place just outside of Mount Pleasant, Iowa, on Highway 218 Southbound, at exit 45.
The multi-million dollar verdict was a result of an accident caused by a negligent truck driver who failed to comply with Iowa and Federal Commercial Trucking Regulations. The truck driver was shown to have falsified her driving logs and also to have violated the hours of service regulations the day prior to the accident. More importantly, plaintiffs established at trial that the driver of the semi-truck had illegally stopped her semi on the shoulder of the highway just minutes prior to the accident. As the truck driver pulled back out into traffic from the shoulder, her clearance lights were not illuminated as required by Iowa law and consequently the plaintiffs, who were just cresting a hill and rounding a curve, were unable to see and ultimately avoid the slow moving semi in time. A reconstruction of the accident established that the semi was traveling anywhere from 18 - 35 mph at the time of the collision on a highway with a speed limit of 65 mph. The trucking company who owned the truck at the time of the accident was also held liable because in the State of Iowa, the owner of a vehicle is liable for the negligent acts of a driver using the vehicle with their consent. See Iowa Code section 321.493. The jury found the defendant truck driver and trucking company to be jointly responsible and 90% at fault while the driver of the plaintiffs vehicle was only found to be 10% at fault under Iowa's comparative fault law.
The results of the accident were tragic. A two-year old boy suffered an open parietal skull fracture resulting in brain injury. The front seat passenger, a 22 year old male was killed on impact. Finally, the driver, an 18 year old female, suffered a fractured C-6 vertebrae. The child continues to suffer from the effects of his traumatic brain injury to this day.
The jury's verdict broke down as follows: $400,915.76 to the driver of the plaintiffs' vehicle with a substantial portion being awarded for past and future pain and suffering; $3,190,852.40 to the brain injured child including compensating for loss of bodily function and past and future pain and suffering; $71,371.59 to the estate of the deceased passenger for his wrongful death; $400,000 to the deceased passenger's mother for loss of her relationship with her son known as consortium; and $25,000 to the father of the injured child for his loss of consortium. With the 10% fault reduction pursuant to Iowa's comparative fault law, the total judgment entered against the defendants was $3,679,325.77
Some people may find it interesting that the trucking company's insurance carrier, National American Insurance Company's final offer to settle ALL claims prior to trial was $350,000. It turned out they were $3,329,325.77 too low.
Showing posts with label negligence. Show all posts
Showing posts with label negligence. Show all posts
Thursday, August 25, 2011
Monday, January 24, 2011
A shot in the dark: Expansion of gun rights and civil liability
As you may have read, a Florida State Student was recently injured and another killed when a friend accidentally discharged a firearm in his apartment. According to Lindsay Peterson from the Tampa Tribune in Florida, Ashley Cownie of Orange Park, Florida died as a result of a rifle shot to the chest. The bullet passed through her completely and then struck fellow Florida State student Keith Savino, injuring him as well, although not critically. The shooting was purely accidental and resulted from a fellow student showing off his new flashlight attached to his rifle while he believed the gun to be unloaded.
Across the country, two students were injured when a gun that a classmate had brought to school accidentally discharged. According to the Associated Press article, the boy had the gun in his backpack. When he reached in to get something to eat, the gun accidentally fired. The bullet passed through a boy’s neck and struck a girl in the head. The girl remains in critical condition as of January 21, while the boy had been released from the hospital and is recovering from home.
While these unfortunate accidents took place in Florida and California, accidental shootings have become of much more interest to Iowans, especially in light of the new law regulating how gun permits will be issued. See the Des Moines Register article Gun law Q & A. Regardless of you position on the issue, most will agree that the new law has sparked a new and recently unrivaled surge in applications to carry and acquire. Approximately 1,500 applications have already been made this year for permits to carry and permits to acquire in Polk County alone, requiring the Sheriff's office to extend their hours. (1473 weapons permits received in 1 county)
Given the new interest in owning and carrying firearms, many Iowans are concerned about what responsibility a gun owner may have towards someone they harm while in possession of that firearm. The answer is relatively straight forward: an individual in possession of a gun, whether legally or not, must at least use ordinary care in handling the weapon. If he or she does not, that person can be held liable for injuries or damages caused to another person. The legal term for failure to use ordinary care is negligence. The "negligence standard" applies in civil causes of action regardless of whether the individual that hurts someone by his negligent actions is charged or convicted of a crime.
Under the United States and Iowa Constitutions and laws, citizens certainly have a right to possess and carry a firearm, subject to certain limitations. This does not however absolve them of their responsibility to handle those guns in a safe and appropriate manner. In fact, it can be argued that one in possession of a gun has a heightened responsibility to be careful and vigilant in its handling so as to ensure the safety of those around them. This is especially true in public where more people are present and could be potentially harmed or if an individual has been consuming alcohol.
While gun laws have not directly been expanded, the new law providing uniformity to the application process has certainly given rise to a surge in ownership. A citizen’s right to own and carry a weapon comes with a corresponding responsibility to ensure the safety of those around them. While the majority of gun owners are responsible and safe, those that aren’t may well find themselves responsible for any harm they cause by their lack of diligence.
Across the country, two students were injured when a gun that a classmate had brought to school accidentally discharged. According to the Associated Press article, the boy had the gun in his backpack. When he reached in to get something to eat, the gun accidentally fired. The bullet passed through a boy’s neck and struck a girl in the head. The girl remains in critical condition as of January 21, while the boy had been released from the hospital and is recovering from home.
While these unfortunate accidents took place in Florida and California, accidental shootings have become of much more interest to Iowans, especially in light of the new law regulating how gun permits will be issued. See the Des Moines Register article Gun law Q & A. Regardless of you position on the issue, most will agree that the new law has sparked a new and recently unrivaled surge in applications to carry and acquire. Approximately 1,500 applications have already been made this year for permits to carry and permits to acquire in Polk County alone, requiring the Sheriff's office to extend their hours. (1473 weapons permits received in 1 county)
Given the new interest in owning and carrying firearms, many Iowans are concerned about what responsibility a gun owner may have towards someone they harm while in possession of that firearm. The answer is relatively straight forward: an individual in possession of a gun, whether legally or not, must at least use ordinary care in handling the weapon. If he or she does not, that person can be held liable for injuries or damages caused to another person. The legal term for failure to use ordinary care is negligence. The "negligence standard" applies in civil causes of action regardless of whether the individual that hurts someone by his negligent actions is charged or convicted of a crime.
Under the United States and Iowa Constitutions and laws, citizens certainly have a right to possess and carry a firearm, subject to certain limitations. This does not however absolve them of their responsibility to handle those guns in a safe and appropriate manner. In fact, it can be argued that one in possession of a gun has a heightened responsibility to be careful and vigilant in its handling so as to ensure the safety of those around them. This is especially true in public where more people are present and could be potentially harmed or if an individual has been consuming alcohol.
While gun laws have not directly been expanded, the new law providing uniformity to the application process has certainly given rise to a surge in ownership. A citizen’s right to own and carry a weapon comes with a corresponding responsibility to ensure the safety of those around them. While the majority of gun owners are responsible and safe, those that aren’t may well find themselves responsible for any harm they cause by their lack of diligence.
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