$3.5 Million Settlement in Alabama Wrongful Death Suit
The Alabama Injury Lawyer Blog has posted an article about the settlement in a wrongful death case brought against a trucking company. A Chilton county man was killed in a car accident in January 2008 because of a logging truck's negligence.
James Sanderson was stopped behind two vehicles in a left hand turning lane, a logging truck was directly in front of him. He was then rear-ended by another log truck that was speeding. The collision forced Sanderson's van forward into the first log truck. A log came through the windshield and caused a "traumatic head injury" to Sanderson.
The case was brought to trial and the plaintiff was able to prove that Gary Fruge's, driver of the second truck, speeding and faulty brakes were the causes of the fatal accident.
Apparently proving that the trucking company had failed to properly maintain their vehicle, the jury fined both Fruge and the company for whom he was driving. The lawyer for the Sanderson family produced experts who testified that Fruge was traveling well in excess of the posted 50mph speed limit.
The Sandersons' attorney argued that Fruge had about one thousand feet in which to bring his truck to a full stop. From the evidence, experts testified that the truck must have been travelling around 65-75mph for Fruge to have applied the brakes and still strike the victim’s van with sufficient force to cause the resulting damage and fatal injuries. Experts showed that if Fruge been going 45mph, he would have been able to stop within 360 feet after first application of the truck's brakes.
The jury agreed and ruled Gary Fruge and the Gorum Trucking company responsible for Sanderson's death. His surviving widow and three children were awarded a $3.5 million settlement in July of this year.
