Judgements, Case Trials and Settlemetns

Suit based on I-74 crash brings $11 million verdict

2011-05-22T04:53:00.000-07:00

OUR GOVERNMENT AND THE INSURANCE INDUSTRY IS MORE INTERESTED IN STOPPING OUR EFFORTS THAN ALLWOING THE MARKET PLACE TO MAKE PROFOUND INNOVATIONS TO STOP LOOSE RUNAWAY TRAILERS!
http://www.youtube.com/watch?v=66hlyemF3M0

QUESTIONS NEED TO BE ASKED!

FEDERAL LAW REQUIRES ALL TRAILERS OVER 3,000 GVWR TO HAVE A BRAKING SYSTEM TO STOP THE TRAILER IF IT BECOMES LOOSE.
WHY DIDN'T THE HORSE TRAILER STOP?
MOST HORSE OWNERS BYPASS FEDERAL LAW AND SIMPLY REGISTER THE TRAILER AS A 'FARM USE" TO BYPASS ANY SAFETY LAWS.
MOST STATES HAVE NO CLUE WHAT THE FEDERAL LAW IS.
WAS THE HORSE TRAILER HOMEMADE?
3 HORSES AND THE WEIGHT OF THE TRAILER IS WAY ABOVE 3,000 GVWR!

We understand the driver fell asleep! This accident happened because the horse trailer became detached and BECAME AN UNCONTROLLED FLYING MISSILE.

If the trailer was attached properly it should not have come loose. If the trailer had working breakaway came the breaks should have activated and the trailer should have stopped!!!!!!!!

A New Product will prevent this from happening again. Go to www.bromerinc.com and see R-Secur-T !!!

Suit based on I-74 crash brings $11 million verdict

Sat, 05/21/2011 - 8:00am | Mary Schenk

URBANA — A Champaign County judge has awarded about $11 million to an Iowa woman critically injured in a collision near Mahomet almost seven years ago.

But the lawyer for Carla Link, 56, said it's probably a win on paper only.

"We don't know if he's judgment-proof or not. He is a professional horse breeder, trainer, rodeo rider. There's a lot of money that flows through his hands. With a judgment this size, our understanding is he will probably proceed into bankruptcy," said John Loeschen, the Roanoke, Va., attorney representing Carla and Joseph Link of Burlington, Iowa.

On Labor Day 2004, the Links and their teen-age daughter were in a van on Interstate 74 about 2 miles east of Mahomet that was struck by a pickup truck pulling a trailer with three or four horses inside.

Clovis Crane, now 31, of Lebanon, Pa., was driving the pickup east when he fell asleep about 1:10 p.m. The truck went into the median and the trailer detached from it before it collided with the westbound Link van.

Crane was not injured but one man in his truck and all three Links were. Their van hit a guardrail and rolled three times. Loeschen said Carla Link's seat belt broke and she was thrown out the passenger window.

Her husband and daughter recovered from their injuries.

The judgment ordered Wednesday by Judge Jeff Ford was the result of a personal injury lawsuit filed in 2005 on behalf of the Links. It was filed in Champaign County because the accident happened here.

Loeschen explained that the limit of Link's insurance policy was $100,000 per person per occurrence and Carla Link's medical expenses have come in at just under $700,000.

In a stipulated bench trial conducted before Ford earlier this month, Loeschen and Raymond Fabricius of Ottawa, the attorney for Progressive Insurance, agreed on certain evidence that Ford should consider. There was no dispute that Crane was at fault. He did not appear for the trial.

Carla Link's injuries outlined for Ford included: brain trauma; broken vertebrae, ribs, collarbone, foot and forearm; extensive nerve damage along her spine, pelvic area, and legs; and muscle spasms resulting from the damage to the nervous system.

In medical depositions Ford read, doctors said her nerve damage causes a sensation akin to being on fire and would remain with her the rest of her life.

"This has to be in the top 10 percent of cases I've seen in severity of pain," one doctor said.

In a written argument to the judge, Loeschen said Carla Link has been in pain every day since the crash.

"Perhaps the most cruel pain is for Carla to have retained her cognitive abilities and have a full awareness of the pain she is in. ... Carla is fully aware that she is trapped in a broken body through no fault of her own, and late at night, when she is all alone, she endures a physical agony that she knows will not be better in the morning, in a couple of days or even in the next few weeks. Carla's pain is a constant companion that will never leave her," Loeschen wrote.

He sought total damages of $19.1 million.

Fabricius responded in a much shorter written argument, asking the judge to consider Carla Link's pain and suffering and Joseph Link's loss of companionship together.

"The claims of Ms. Link and Mr. Link are akin to those of a couple where one person is rendered a paraplegic. The injured person is confined to a wheelchair. The spouse is charged with the responsibilities of a caretaker. Fair compensation for such a situation is in the area of $4 to $5 million," Fabricius wrote.

He did not return calls seeking comment.

The award made by Ford included compensation for her medical bills, which came to $699,000. The rest was for pain and suffering, loss of a normal life, and disfigurement.

Loeschen called Fabricius and the Progressive Insurance company "gracious" throughout the lawsuit, which the company had a duty to defend.

"Progressive didn't want to get sued by Clovis Crane when the judgment came in over the policy limits, as everyone knew it would. That's what forced us to have to go through this Pyrrhic victory," Loeschen said.

Loeschen said Joseph Link is a minister and Carla Link helps him conduct parenting classes. She also ran her own parenting counseling business before the accident.

He said the couple had people all over the world praying for her.

"When she was first injured, the doctors said she would probably be a vegetable. Nobody ever expected her to walk or speak or anything. There were 5,000 people praying for her in Brazil. I believe that was what brought her back," he said.

Loeschen said Carla Link can now walk with a walker or cane but still has a lot of pain.

"Her body is advancing in age more rapidly than the rest of us would. At 56, she's about where a 70-year-old person would be," he said.

Everest National Insurance And New York Water Board........Pays....almost $635,000 Loose Trailer Accident

2011-04-20T11:07:00.000-07:00

Woman gets first check in $635,000 settlement

Updated: April 18, 2011, 6:28 AM

NIAGARA FALLS — A 61st Street woman last week received the first of three installments of a $635,000 damage settlement from the Niagara Falls Water Board.

Grace E. Snyder, 60, a retired waitress, was injured when a compressor trailer became unhitched from a Water Board van and collided with her car on Buffalo Avenue on Jan. 12, 2009.

Robert Viola of the Niagara Falls law firm Viola Cummings&Lindsay, who represented Snyder, said the woman suffered herniated discs and whiplash.

“She ended up requiring back surgery,” Viola said. “She’s not going to be working. I don’t think she could tolerate it.”

Snyder was returning home from a lunch shift at Pete’s Market House when the accident occurred, Viola said.

Paul Drof, executive director of the Water Board, said he wasn’t in office at the time, but he said his predecessors looked into the case thoroughly and decided none of the four employees in the van deserved to be disciplined.

“A root cause investigation was done, and it was determined that proper procedures were followed,” Drof said Friday.

But according to a police report filed at the time by Officer Franco Tallarico, the accident with the runaway trailer was blamed on improper hitching of the trailer to the van.

The van was being driven west on Buffalo Avenue by Water Board worker William E. Lutey Jr., now 54. The other members of his work crew were listed as Fernando A. DeRubeis, 30; Daniel J. Rhoney, 49; and Donald J. Martineau, 47.

Tallarico said they had just left a work site on Point Avenue and were heading back to the water plant at the end of their shift.

The accident was reported at 2:23 p. m., when Lutey looked in the rear-view mirror shortly after driving over a “defect” in the pavement in the 7000 block of Buffalo Avenue and saw the compressor smashed into Snyder’s car.

Snyder had been eastbound and couldn’t avoid the trailer coming at her. Tallarico said the top half of the hitch was not put down and the hitch pin was not secured.

John J. Ottaviano, attorney for the Water Board, said there were several days of meetings in Rochester with a private mediator chosen to try to arrange a settlement short of going to trial later this month before State Supreme Court Justice Richard C. Kloch in Lockport.

“It started out on the issue of liability. That was resolved in a day,” Ottaviano said. “The issue of causation, negligence, was pretty strong.”

After that, it was all about how much to pay Snyder.

The board approved a three-year installment plan for the damages at its March 24 meeting: $385,000 to Snyder right away, and payments of $125,000 in each of the next two years.

“She was very happy with it, and it’s very fair,” Viola said.

Ottaviano said the board sought an installment plan because of its insurance situation. It has a self-insurance liability fund of only $500,000. It has insurance with Everest National Insurance Co. for losses greater than that.

tprohaska@buffnews.com

Jury Awards Woman $8.6 Million Dollars

2009-01-22T02:29:00.000-08:00

Note: My comments..... When you read this article please look at the facts.

A Jury made of ordinary people decided the outcome.
This case has been going on since 1997
Why is the company putting even more pressure by choosing to fight the award.
They the Company Has know about this problem for a long, long time.
Where is our Government in all of this? Where are the Recalls?? Where Is NHSTA?
The victim was driving... she did not ask to get hit by a loose trailer caused by a poorly designed hitch.
Don't you think she suffered enough?
The company's web site is http://www.dutton-lainson.com/

Posted On: January 14, 2009 by Jeffrey M. Reiff

Jury Awards Woman $8.6 Million Dollars Against The Manufacturer Of An Allegedly Defective Towing Coupler Manufactured By Dutton-Lainson Company of Hastings, Nebraska

A Missouri woman who sustained serious head injuries when a towing coupler came apart from a large homemade house trailer that crashed head on into her car successfully won $8.6 million dollars against the manufacturer of the towing coupler. The jury determined that the Dutton-Lainson Company of Hastings, Nebraska knew about the defect in the coupler but did not correct it or issue a warning about it. The victim sustained serious head injuries when the coupler came apart on Illinois Route 143 in April 1997. The significant $8.6 million dollar damage verdict was broken down as $5 million dollars in punitive damages against Dutton-Lainson, $3.6 million dollars in natural damages against the companies and firm whose employees were towing the trailer. Dutton-Lainson’s attorney stated that the company will make all attempts to reverse the verdict.

The defective trailer lawyers at the Philadelphia defective trailer accident law firm of Reiff and Bily have long warned that in many states, including the Commonwealth of Pennsylvania, very minimal regulation exists with regard to trailers and their coupling devices. Many state laws, including Pennsylvania, are silent as to design or construction specifications for towed vehicles or for towing chains or hitches. All too often there are many safety violations and product defects that ultimately lead to catastrophic injuries and fatalities. There is no Federal law, national agency, or Pennsylvania law that requires reporting or regulation of defective trailer coupler accidents.

In the Dutton-Lainson case, information revealed that the manufacturer of the towing coupler was aware of at least 8 other accidents since 1978 where the coupler came apart, and further, an engineer recommended a study of the problem yet the company did nothing about it.

The experienced defective trailer attorneys of Reiff and Bily salute the efforts of Attorney Gregory A. Becker who championed the victory on behalf of this unfortunate plaintiff. Our Philadelphia defective product law firm and other law firms specializing in product liability and defective trailer cases have obtained documents and internal memos which clearly reveal that many manufacturers of defective trailers and defective trailer coupling devices have known about safety issues and manufacturing defects yet they continue to place profits over consumer safety. Normally a minimal and inexpensive fix is all that is required to save a life or prevent a catastrophic injury.

We are very pleased to learn that the victim, after more than a decade of fighting with high priced corporate lawyers, finally received the just compensation she deserves for her own needs and for her family’s future and we salute the efforts of Attorney Gregory A. Becker.

Posted by Jeffrey M. Reiff | Permalink | Email This Post

LOS ANGELES CAR ACCIDENT CAUSED BY RUNAWAY TRAILER THAT CAME DETACHED FROM A TRUCK RESULTS IN WRONGFUL DEATH

2008-02-25T12:06:00.000-08:00

February 22, 2008

LOS ANGELES CAR ACCIDENT CAUSED BY RUNAWAY TRAILER THAT CAME DETACHED FROM A TRUCK RESULTS IN WRONGFUL DEATH

Common tow-trailers that are hitched to the back of passenger cars, SUVs, and trucks pose extremely hazardous risks when not secured properly. In Los Angeles, an unsecured trailer that came unhitched on the Sierra Highway caused the wrongful death of a man. When the trailer broke lose from the Chevy Suburban that was towing it, the driver of a Ford Expedition driving behind had to serve unexpectedly to avoid hitting it. Tragically, the SUV swerved across the median and slammed directly into an oncoming Dodge pickup, killing the driver of the truck instantly. The cause of the runaway trailer was a worn latch in the locking device. The widow of the man and their children were only able to recover $312,500 from their wrongful death suit.

A little known fact is that runaway trailers are responsible for a sizeable number of harmful accidents across the country. Trailers are used for a variety of purposes such as hauling household appliances, cars, boats, gardening materials, etc. When not used for commercial purposes, these trailers are often owned by individuals who are not properly trained to properly connect and secure them the towing vehicle. A study conducted by Master Lock found that most owners of trailers lacked basic safety and handling knowledge of the towing devices. In addition, more than half failed to attach safety chains to their trailers.

The risk of runaway trailers grows even greater, considering the lack of state and federal regulations governing private trailers and hauling devices. While some states require the use of safety chains, the safety requirements and regulations are not uniform or widespread. Although the California Highway Patrol posts very rudimentary towing and hauling guidelines on its website, there exists no formal training program or requirement for individuals prior to using a tow-trailer.

The remedies that can be sought after an accident involving a runaway trailer are, for the most part, limited to common law claims such as negligence, wrongful death, pain & suffering, etc. However, there seems to be a growing recognition of the dangers involved with towing. The state of Washington recently implemented a law that criminalizes the failure to secure a load when it results in bodily injury. The law, named “Maria’s Law,” was inspired by a tragic accident where debris from a U-Haul truck flew into the windshield of a woman driving behind the truck, causing her permanent blindness and disfigurement.

Tips for Safe Towing
Preparing a Trailer• Hook up the electric cable for trailer lights and make sure to check that the lights work.
• Tie the load down securely if you are using an open trailer,.
• You will need to look at your owner's manual to check the maximum weight the vehicle can safely tow. A general rule is to make sure that the vehicle is heavier than the trailer.
• Organize slightly more of the weight in the front half to ensure stability when loading the trailer,. When a trailer has been loaded correctly, approximately 10% of its total weight will be sitting on the trailer tongue.
• If you have a trailer with electric brakes, make sure the battery for the emergency breakaway system is charged and that the power cable is attached.
• Confirm before you leave that your tires are in good condition and are inflated the proper amount.

Towing a trailer• If you are in a situation where the trailer sways, hold the wheel straight and do not apply the brakes on the tow vehicle. If you brake or steer to counter the swaying, it can lead to loss of control of your vehicle. Stop when it is safe to do so and be sure the trailer is loaded properly.
• When towing a trailer, be sure to drive slowly, especially down hills. Avoid sudden stops and lane changes whenever possible.
• Avoid towing in windy, wet, or icy conditions.

If you or a family member has been involved in a truck accident, you could be eligible for compensation. If you have been injured as the result of a collision with a truck, which was not your fault or if a family member has been killed through a truck accident, you should contact a lawyer. If the accident occurred in California, please call us at Greenberg & Rudman LLC for a free and private consultation. We are experienced attorneys who can help guide you at this difficult time.

Posted by Greenberg & Rudman | Permalink | Email This Post

Contact
Phone: 1-800-ALAWPRO (1-800-252-9776)
Free Initial Consultation

trailer comes loose from truck: Collision: Wrongful deaths: Settlement: Postverdict settlement.

2008-02-18T22:12:00.000-08:00

http://www.findarticles.com/p/articles/mi_qa3898/is_200303/ai_n9221849

trailer comes loose from truck: Collision: Wrongful deaths: Settlement: Postverdict settlement.

Ferguson v. Ritchie Tractor Co., Tenn., Knox County Cir. Ct., No. 2-60-01, Nov. 15, 2002.

Ferguson, 57, was driving on a roadway. A utility trailer came loose from a pickup truck and veered into Ferguson's lane, striking his vehicle head-on. He suffered fatal injuries. He had been the president of a security company earning approximately $100,000 annually. Ferguson is survived by his wife and two adult children.

Ferguson's wife sued the trailer manufacturer, alleging negligence in the design and manufacture of the trailer. Plaintiff also sued the company that owned and operated the trailer, alleging failure to adequately secure it, in violation of state law requiring safety chains.
The trailer manufacturer settled during trial for a confidential amount. The jury then awarded $5 million, finding the owner of the trailer 60 percent liable, and the manufacturer, 40 percent liable. Plaintiff then settled with the trailer owner for a confidential amount.
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Plaintiff's experts were Robert Lott, mechanical engineering, Nashville, Tenn., and Robert Bohm, economics, Knoxville, Tenn. Defendant's expert was Tyler Kress, mechanical engineering, Knoxville, Tenn.

Plaintiffs Counsel

*Sidney Gilreath, Knoxville, Tenn.

*Chris Gilreath, Knoxville, Tenn.

Woman Hits Loose Trailer on I-40 A settlement was reached for the amount of $500,000.

2008-02-10T23:37:00.002-08:00

Woman Hits Loose Trailer on I-40

In August of 1997, Joni Walley was traveling down Interstate 40 in Nashville when she came across a trailer that had come free of the truck that was hauling it. The trailer was stopped in her lane, and Ms. Walley hit it head-on. Moments later, another vehicle struck her car from behind. Ms. Walley's car was a total loss.

She was admitted to Vanderbilt University Medical Center in critical condition and underwent several surgeries. She suffered from a serious liver laceration and major bleeding. Her initial prognosis was "extremely grave."

Fortunately, Ms. Walley survived. She had numerous follow-up visits to various doctors and was evaluated for post-traumatic stress syndrome. Her medical expenses exceeded $133,000.

On Ms. Walley's behalf, our office brought suit against the trucking company responsible for the unnattached trailer. A settlement was reached for the amount of $500,000.

Ms. Joni Seron Walley v. Hyun Dae Trucking & Shipping, U.S. District Court for the Middle District of TN, Case No. 200411, Robert L. Whitaker and Bart Durham, attorneys for Ms. Walley.

Woman Hits Loose Trailer on I-40

2008-02-10T23:37:00.001-08:00

Woman Hits Loose Trailer on I-40

Fortunately, Ms. Walley survived. She had numerous follow-up visits to various doctors and was evaluated for post-traumatic stress syndrome. Her medical expenses exceeded $133,000.

On Ms. Walley's behalf, our office brought suit against the trucking company responsible for the unnattached trailer. A settlement was reached for the amount of $500,000.

Ms. Joni Seron Walley v. Hyun Dae Trucking & Shipping, U.S. District Court for the Middle District of TN, Case No. 200411, Robert L. Whitaker and Bart Durham, attorneys for Ms. Walley.

Trailer breaks loose from crane truck and strikes girl: Inadequate securing of trailer: Head injuries: Structured settlement

2008-02-10T23:21:00.000-08:00

Trailer breaks loose from crane truck and strikes girl: Inadequate securing of trailer: Head injuries: Structured settlement

Leavesley v. Doe, Fla., St. Lucie County Cir. Ct., No. 99107 CA-10, Aug. 30, 2000.

Leavesley, 4, was in her front yard when a mobile crane truck pulling a trailer with two large funnels passed by. The trailer broke loose, rolled into the yard, and struck her, throwing her about 70 feet.

Leavesley was in a coma for almost two weeks. Her injuries included three skull fractures, multiple facial lacerations, and a fractured pelvis. She also had a brain disorder known as left-sided hemiparesis. Leavesley had difficulty speaking for some time after the accident and had to relearn many tasks she had previously mastered. Her family incurred medical expenses exceeding $600,000. Because of her diminished capacity, she had to repeat her year in kindergarten. Her treating physician stated that Leavesley will probably not be employable except in a structured setting, and that she will not be able to live on her own. An economist estimated the present value cost of her life care plan to be about $6.6 million.

Leavesley and her parents sued the owner of the crane truck, alleging negligence in the securing of the trailer.

Defendant contended that with therapy and tutoring, Leavesley would eventually be able to function as an adult with no restrictions.

After mediation, the parties reached a structured settlement with a present value of $950,000. Plaintiffs' counsel estimates that if Leaves(ey lives to her full life expectancy the total payout will exceed $25 million.

Plaintiffs' experts were Theodore Wasserman, neuropsychology, West Palm Beach, Fla; Robert G. Kamholtz, neuroradiology, West Palm Beach, Fla.; Sharon Griffin, vocational rehabilitation, Stuart, Fla.; and Bernard F. Pettingill, economics, Palm Beach Gardens, Fla.

Defendant's experts were John M. Williams, vocational rehabilitation, Coral Springs, Fla.; Anthony J. Dorto, physiatry, Miami, Fla.; and Michael S. Duchowny, neurology, Miami, Fla.

Plaintiffs' Counsel

*Robert E. Gordon, Palm Beach Gardens, Fla.

*Adam S. Doner, Palm Beach Gardens, Fla.

An asterisk (*) appearing beside the name of plaintiff's counsel indicates that the attorney is an ATLA member. To obtain additional information about a case report, contact counsel through your ATLA membership directory.

Trailer comes loose from truck: Collision: Wrongful deaths: Settlement: Postverdict settlement

2008-02-10T23:17:00.000-08:00

Law Reporter, Mar 2003

Trailer comes loose from truck: Collision: Wrongful deaths: Settlement: Postverdict settlement.

Ferguson v. Ritchie Tractor Co., Tenn., Knox County Cir. Ct., No. 2-60-01, Nov. 15, 2002.

Ferguson, 57, was driving on a roadway. A utility trailer came loose from a pickup truck and veered into Ferguson's lane, striking his vehicle head-on. He suffered fatal injuries. He had been the president of a security company earning approximately $100,000 annually. Ferguson is survived by his wife and two adult children.

Ferguson's wife sued the trailer manufacturer, alleging negligence in the design and manufacture of the trailer. Plaintiff also sued the company that owned and operated the trailer, alleging failure to adequately secure it, in violation of state law requiring safety chains.

The trailer manufacturer settled during trial for a confidential amount. The jury then awarded $5 million, finding the owner of the trailer 60 percent liable, and the manufacturer, 40 percent liable. Plaintiff then settled with the trailer owner for a confidential amount.

Bryan man found guilty of criminally negligent homicide

2008-02-10T23:15:00.001-08:00

Bryan man found guilty of criminally negligent homicide

By LAURA HIPP
Eagle Staff Writer

A Bryan man whose trailer came loose from his truck and killed a woman was found guilty of criminally negligent homicide Tuesday by a Brazos County jury.

The eight-woman, four-man panel took more than four hours to convict John Guzman Tello after a two-day trial in the 361st District Court.

Tello, 32, did not properly hitch a 16-foot trailer to his pickup on Oct. 16. The trailer came loose from the truck and struck Pat Supak as she was walking along Copperfield Drive.

Supak, a former Bryan teacher, died later that day at St. Joseph Regional Health Center.

Brazos County District Attorney Bill Turner said the jury sent a message with its verdict that care must be exercised.

“We appreciate the jury struggling with a difficult issue, and hopefully this will raise awareness and ultimately save lives,” Turner said.

Judge Steve Smith will sentence Tello for the state jail felony in the next 30 days. He faces up to two years in prison or five years of probation and a possible $10,000 fine.

In his closing arguments, Turner said Tello’s actions were “convenient to him but dangerous to the public at large.”

The trailer was not connected to the truck by chains — as required by law, Turner said. The trailer was loaded toward the back, placing pressure on the hitch, he said.

Turner asked jurors to consider the “common good” a guilty verdict would bring so a “tragedy like that wouldn’t happen again.”

John Quinn, Tello’s attorney, reiterated his message to jurors on the first day of the trial that “not every accident is a crime.”

Quinn said Tello’s actions — driving 20 mph that day —show he was not being lax.

Tello also immediately called 911 and “griped” when emergency crews were not on the scene immediately, Quinn said.

Quinn called on Lane Thibodeaux, a personal injury lawyer, to give expert testimony regarding the legal definitions of negligence. But Judge Steve Smith did not allow Thibodeaux’s testimony because he believed the jury understood the charge against Tello.

Quinn presented no other witnesses, and Tello did not take the stand.

On Monday, Turner called Supak’s husband, a neighbor, two police officers and a paramedic to testify.

• Laura Hipp’s e-mail address is lhipp@theeagle.com

Man’s trial begins in teacher’s death

2008-02-10T23:14:00.001-08:00

Man’s trial begins in teacher’s death

By LAURA HIPP
Eagle Staff Writer

Brazos County District Attorney Bill Turner on Monday told jurors that a driver whose trailer came loose from his truck and killed a woman had chosen convenience over safety by not properly securing the trailer.

Turner, on the first day of John Guzman Tello’s felony trial, said the 32-year-old is criminally negligent for unsafely hitching the trailer to his pickup.

The trailer struck Pat Supak, a former teacher at Bowen Elementary School in Bryan who was walking along Copperfield Drive on Oct. 16, 2001. She died later that day at St. Joseph Regional Health Center.

John Quinn, who is representing Tello, said in his opening statement that Supak’s death was simply an accident.

Not every accident is a crime, he said, and Tello should not be convicted.

Tello is charged with criminally negligent homicide, a state jail felony. If found guilty, he faces up to two years in prison or five years of probation and a possible $10,000 fine.

Turner told jurors that Tello’s 16-foot trailer was not loaded properly. All the weight was toward the back of the trailer, placing undue pressure on the hitch, he said.

The trailer was not secured to the pickup with chains, which is required by law, Turner said, adding that the hitch had been altered to make it easier to latch but it would not lock.

Supak’s husband, James, testified that his wife regularly walked along Copperfield Drive for exercise. He said he was out of town that autumn day, and she had stayed behind to make dresses for their grandchildren.

“She was in good spirits and looked forward to being with the kids,” Supak said.

Turner also called Ray Murphy, the Supaks’ neighbor, and emergency workers to detail the wreck for the eight-woman, four-man jury.

Testimony is expected to resume at 8:45 a.m. Tuesday in the 361st District Court in the Brazos County Courthouse, 300 E. 26th St., in Bryan.
lhipp@theeagle.com

$475,000 recovered when a runaway trailer hit a pedestrian.

2008-02-08T05:39:00.001-08:00

$475,000 recovered when a runaway trailer hit a pedestrian.

The law firm is in California:

http://216.239.51.104/search?q=cache:M29MEtv0gqEJ:www.carldbarnes.com/CM/Custom/TOCVerdictsandSettlements.asp+runaway+trailer+accident&hl=en&ct=clnk&cd=84&gl=us

$4,000,000.00 VERDICT

2008-02-08T05:38:00.001-08:00

$4,000,000.00 VERDICT – MOTOR VEHICLE COLLISION
$4 million jury verdict in favor of an individual whose leg was amputated following a collision with a trailer that came loose from a pickup truck.
http://www.kemptonrussell.com/contact.html

ADDRESS
P.O. Box 815
114 E. 5th Street
Sedalia, Missouri 65302

PHONE
660-827-0314
660-827-1200 fax

E-MAIL
Mark Kempton
Bob Russell
Rob Russell
Spencer Eisenmenger

trailer comes loose from truck LOOSE UTILITY TRAILER

2008-02-08T05:37:00.001-08:00

http://www.findarticles.com/p/articles/mi_qa3898/is_200303/ai_n9221849

trailer comes loose from truck: Collision: Wrongful deaths: Settlement: Postverdict settlement.

Ferguson v. Ritchie Tractor Co., Tenn., Knox County Cir. Ct., No. 2-60-01, Nov. 15, 2002.