Large highway blasting company dismissed on joint motion for summary judgment.
The company was dismissed along with other highway construction companies in a Cumberland County case. The plaintiff sued our client and several other contractors on an active highway construction site, alleging the various construction companies were negligent for failing to properly warn drivers sufficiently ahead of potentially stopped traffic. The plaintiff was recently convicted of DUI and was assigned an interlock device that required him to periodically provide samples while operating his truck or the vehicle would be disabled. The plaintiff testified that, while looking for the interlock device on the floor of his truck, he put his head under the dashboard for several seconds while traveling in excess of 70 mph. When he looked up, traffic had stopped and he rear-ended a tractor trailer. The accident occurred several miles from the active construction, and no other drivers were involved in accidents at or near that location. The court ultimately found the construction defendants were not the proximate cause of the plaintiff’s accident and dismissed all defendants, with prejudice. The plaintiff did not appeal the decision.