Survivors of Truck Driver Allege Improperly Loaded Cargo Spilled Out of Trailer and Crushed Driver. In Granting SJ, Court Ruled Plaintiff’s Case Over Reliant on Speculation.
August 29, 2022
Johnson & Bell Shareholders, Gregory D. Conforti and David A. Warnick, secured summary judgment in a wrongful death case in DeKalb County. The plaintiff, the widow of a decedent truck driver, alleged that our client, a large food manufacturing company, and its janitorial service contractor, negligently loaded a semi-truck trailer full of recyclable materials which was picked up by the decedent and which subsequently caused his death. Specifically, plaintiff alleged that after picking up the trailer full of recyclable materials, the decedent stopped his truck on the side of the road, walked to the back of the trailer to check the load because it had shifted. And when the decedent opened the trailer doors, the load spilled out and caused his death.
There were no witnesses to the occurrence and therefore nobody could corroborate any single version of events. There was also no evidence from any post-occurrence witness to corroborate that the trailer load was in disarray. In fact, the trailer was taken from the scene to its intended destination without incident.
In support of summary judgment, defendants argued that plaintiff’s case was based entirely on speculation and should not be decided by a jury. Click here to read the case overview.