5/8/2007 - Mitch Frost and Brad Hendrix win summary judgment in trucking accident
Summary Judgment Granted in Trucking Accident
On May 8, 2007, Mitch Frost and Brad Hendrix won Summary Judgment on behalf of their client in a serious trucking accident occurring in Blount County, Alabama.
At the time of the accident, the plaintiff was driving on a two lane road, followed by a tractor-trailer driven by another party. The driver of the tactor-trailer attempted to pass the plaintiff in the left hand lane causing the accident. Immediately prior to this maneuver, the driver of the tractor-trailer called ahead to another commercial driver to see if the road was clear. According to the testimony in the case, the driver was told to 'come on' as the road was empty.
The plaintiff settled with the driver of the tractor-trailer that was attempting to pass her vehicle, but maintained her claims against the driver of the other truck who ostensible warranted that the road was clear. Following discovery, Mr. Frost and Mr. Hendrix filed a Motion for Summary Judgment arguing 1) the driver owed the plaintiff no legal duty, (2) that any existing legal duty owed by the driver would have extended only to the other truck driver, and (3) that the plaintiff failed to prove proximate cause. The Court agreed and entered an order granting summary judgment in favor of the firm's client.
For more information regarding this matter or the firm's experience with trucking accidents and serious personal injury claims, please contact J. Mitchell Frost.
