The following blog entry is written to illustrate an example of an injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this big rig accident lawsuit and its proceedings.)
Defendant Merryweather then moved over as far as he could in the right lane toward the center line in an effort to give decedent and the bus as much room as possible.
Defendant Carreon said he never observed this movement or any other type of warning from Merryweather. The two vehicles contacted each other, with the tractor of the ABC Group truck coming into contact with the rear trailer of the ABC Produce vehicle. This caused the two vehicles to become entangled, with the rear trailer swinging out to the right and striking the bus and decedent, killing him instantly.
Plaintiff Barrom Yemming was on the bus at the time of the impact, knew that his uncle was down on the driver’s side and believed he saw him flying through the air. Defendant Carreon made a statement at the scene that for some reason he moved his vehicle to the right and that precipitated the contact. He denied making that statement to the CHP officer at his deposition and during trial.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Defendants Carreon and ABC Group claimed that decedent was contributorily at fault because he had allowed the bus to run out of fuel, and, had it not run out of fuel, it would not have been at that location and the death would not have taken place. The jury did find that decedent was negligent, but determined by a 10 to 2 vote that the negligence was not a cause of his death.
CLAIMED INJURIES
According to Plaintiff: There was a claim for wrongful death and loss of household services by the wife, plaintiff Sarah Hamm, age 41, and the two children, Jackson Hamm, age 16, and Linda Hamm, age 20. Additionally, there was a claim by decedent’s parents, plaintiffs Jeremy Hamm and Casey Hamm. They claimed that they were financially dependent upon decedent for necessities of life based upon the industrious nature of decedent and all the things he did for the parents at their home in terms of construction and maintenance.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.