Attorney obtained summary judgment on behalf of defendant marine cargo terminal in a high damage-exposure case involving claims for personal injuries and death
Attorney obtained summary judgment on behalf of defendant marine cargo terminal in a high damage-exposure case involving claims for personal injuries and death. Defendant's over height cargo container hit an overpass on the highway, causing the container to dislodge from its chassis. The container blocked the entire roadway and caused plaintiff to swerve her SUV into the path of another tractor/trailer, resulting in a collision that caused the death of plaintiff's husband and personal injuries to her daughter. Plaintiffs claimed the marine terminal was negligent for loading the container over height and for permitting the trucker to depart the terminal with an over height vehicle. The court granted attorney's summary judgment motion for the marine terminal, finding that the container could have been transported safely if the trucking company had obtained an over height permit, the terminal was not responsible to insure the trucker had a proper over height permit, and that the proximate cause of the accident was the trucking company's failure properly to train its driver.