Truck Accident Lawyer News

CIRCUIT COURT OF JEFFERSON COUNTY, ARKANSAS

R. Todd Elias, Arkansas truck accident lawyer, represents a Springhill, Webster Parish, Louisiana woman who sustained injuries to her neck and lower back on or about January 30, 2009 due to the negligence of AT & T, Inc and Willis Findley.

GENERAL ALLEGATIONS:

At the time of the incident, Plaintiff was transporting passengers in a commercial bus at or about Harding Street and Wisconsin Avenue in Pine Bluff, Arkansas. The plaintiff was stopped at a stop light in the left turn lane. The traffic signal turned green for her to make a left hand turn. She began making that turn. Mr. Findley was employed by AT&T, Inc. and was operating a truck owned by AT&T, Inc. He was traveling on the same street as the plaintiff in the opposite direction. He approached the intersection that the plaintiff had starting turning left into. Mr. Findley states that he looked up and saw the red light and tried to stop. He slammed on his brakes but the truck did not stop.

PLAINTIFF:

Plaintiff is an individual who was a 43 bus driver for the City of Pine Bluff, Arkansas at the time of the incident. She is disabled and has not been able to work since this incident. Plaintiff is a married resident of Pine Bluff, Arkansas.

INJURIES SUSTAINED:

At the time of the impact, Plaintiff was rendered unconscious. Plaintiff suffered injuries to her neck and lower back. An MRI revealed disc protrusion at C3-4, C5-6, C6-7 with some changes at C-5. The majority of changes were seen at C5-6, C6-7 with reversal of the cervical lordosis. An MRI of the lumbar spine showed degenerative disc disease at multiple levels and spondyloarthropathy. She has bilateral facet hypertrophy at L5-S1 and foraminal encroachment at L5-S1.

MULTIPLE DEFENDANTS NAMED:

1. Defendant AT&T, Inc. (“AT&T”) is a Delaware corporation doing business in the state of Arkansas.
2. Defendant WILLIS FINDLY (“FINDLY”) is an individual who resides in Jefferson County, Arkansas.

DAMAGES:

Defendants’ actions and omissions, as set out above, caused Plaintiff to suffer damages, including, but not limited to:

1. Physical pain and suffering and mental anguish in the past and
   future
2. Lost earnings in the past and all future loss of earnings
3. Future loss of earning capacity
4. Past and future medical expenses
5. Past and future physical impairment
6. Past and future physical disfigurement

Plaintiff seeks recovery of reasonable and fair monetary damages for each element of damages described above.

COMMENTS:

A fully loaded large commercial truck’s weight can exceed 80,000 pounds, while an average passenger automobile weighs approximately 3,000 pounds. Because of the enormous mass of trucks, any collision between a commercial truck and another vehicle is likely to result in serious injuries.

The defendant driver, Willis Findly was employed by AT &T, Inc. at the time of the subject incident. AT&T has been sued under the legal doctrine of respondeat superior. Respondeat superior (Latin: “let the master answer” is a legal doctrine which states that, in many circumstances, an employer is responsible for the actions of employees performed within the course of their employment. This rule is also called the “Master-Servant Rule”. It is recognized in both common law and civil law jurisdictions. In a broader scope, respondeat superior is based upon the concept of vicarious liability.

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