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Posted in Verdicts & Settlements Blog, Truck Accident Litigation Blog

Truck driver’s son settles wrongful death suit

June 20th, 2007 by Paul Passanante

The son of a woman who was struck and killed by a tractor trailer as she crossed a parking lot settled a wrongful death suit against the driver and his employer. (B.S. v. Yellow Transportation, Inc., et al.)

T.A., a truck driver, stopped at a Fuel Mart convenience store in Washington, Mo. on Dec. 30, 2004. As T.A. walked across the parking lot and back to her parked car, she was struck and killed by a Yellow Transportation, Inc. tractor trailer driven by Michael Minton.

In a deposition, the sole eyewitness estimated that Minton’s speed in the parking lot was between 25-30 miles per hour. Despite T.A.’s attempt to attract Minton’s attention before the accident, the tractor trailer did not slow down or swerve to avoid her.

Following the accident, an autopsy revealed several drugs in T.A.’s body including diazepam (Valium), nordiazepam, alprozolam (Xanax), and methadone. As part of an accident reconstruction report, the Missouri Highway Patrol concluded there was no physical evidence that the Yellow Freight tractor trailer was speeding at the time of the accident. The reconstructionist concluded that T.A.’s inattention and the driver’s inattention both caused the accident but that T.A. had a “greater opportunity to avoid the crash.”

Paul J. Passanante and Dawn M. Mefford of Simon Passanante represented T.A.’s son and filed a wrongful death suit on his behalf against Yellow Freight and its driver. The suit alleged that the driver failed to keep a careful lookout, drove at an excessive speed and operated the tractor trailer in a careless and reckless manner.

The defense argued that because of the drugs found in her body, T.A. was impaired at the time of the accident and therefore she was responsible for her death.

According to Passanante, the issue of illicit drugs was a significant one. “You never know how a jury will react when drug use is involved. Because of that factor, evaluating the case was difficult.”

Without admitting liability, the defendants agreed to settle the case for $600,000. The settlement was finalized on May 12, 2006.

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