Partner at Freeman, Mathis, & Gary, LLP, Second Vice President of Illinois Defense Counsel, Member of DRI Taskforce on TPLF, and Co-host of Podium and Panel Podcast
The Court of Appeals of Indiana has held that a trucker owed a duty to the plaintiffs to activate his flashers and warn of debris on the road following a collision the trucker had with another vehicle that he did not cause. That is the result in NFI Interactive v. Bruski following the denial of a motion to dismiss and certification under Rule 14(B). The court stated: "We conclude that the complaint states a viable theory of liability to the extent that [the defendant's] collision with the disabled vehicle—even if [the defendant] was not negligent in that collision—can be said to have increased the hazard on the road (e.g., the collision created an unavoidable debris field or moved the disabled vehicle such that it straddled an additional lane of traffic). We further conclude that the complaint states a viable claim of negligence per se based on the violation of a federal regulation applicable to those who operate commercial vehicles." The decision is below Ken Levinson Kingshuk Roy what are your thoughts on this decision? Regula 9(d)(2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure
Wow! "Sometimes a cigar is just a cigar" and "sometimes an accident is just an accident."
Kingshuk Roy
2w
Thanks for sharing Donald Patrick Eckler. This decision reminds me of the IL case Smith v. Armor Plus Co. where the court found the trucker had a duty to use warning devices even when the disabled truck was parked completely off the roadway.
Interesting, thanks for sharing.
Trial lawyer helping hard working families dealing with major truck and auto crashes. 📚
2wDecision makes perfect sense. The commercial driver should follow the applicable federal regulations. Moreover, this makes the roads safer for all of us.