Truck Accident Lawyer News

In the 243rd Judicial District Court, El Paso, El Paso County, Texas –
El Paso truck accident lawyers, Gordon, Elias & Seely, LLP, represent an El Paso, Texas family due the the wrongful death of their father and husband. The surviving family consists of a woman who is the surviving spouse in the wrongful death of her 48-year old husband; and three minor children. Their father/husband was killed when his vehicle was rear-ended by an 18 wheeler truck driven by Defendant Kenneth Griffith.’s 18-wheeler truck.

ALLEGATIONS:

On October 15, 2010, Plaintiffs’’s husband / father [Decedent] was lawfully driving his 2002 Chevy Tahoe eastbound on the I-10 in the right hand lane. Defendant, Kenneth Griffith who holds a Commercial Drivers’ License [CDL] was driving his 2006 freightliner behind the Decedent. An eye witness saw Griffith swerving all over the road. Without applying his brakes, Griffith careened into the rear end of the Tahoe. Griffith’s speed at the time of impact was in excess of 60 mph. The impact was so extreme, it caused the Chevy Tahoe to roll several times. The evidence will show that the Decedent was severely injured at the sign but was not immediately killed. While waiting on an ambulance to arrive he suffered incredible pain due to the multiple injuries his body sustained. After enduring more pain and agony than the human body can sustain, he passed away at the sign while the Griffith stood there unable to help and knowing that he had just killed someone. As they usually do, the co-Defendant’s post “serious accident team” went into action and took “control” of the vehicle as soon as they could.

PLAINTIFFS:

This wrongful death lawsuit is brought by the surviving spouse and the decedent’s three small children.

DEFENDANTS:

KENNETH GRIFFITH
PENSKE® LEASING CO.

• Kenneth Griffith is a resident of El Paso, TX.

• PENSKE® LEASING CO. is a foreign corporation whose principal place of business is located in Reading, Pennsylvania.

WRONGFUL DEATH CLAIM:

Wrongful death is the taking of the life of an individual resulting from the willful or negligent act of another person or persons. In the case of Defendant Kenneth Griffith, the driver of any vehicle who negligently, or grossly negligently,unintentionally causes the death of another in an accident may, and should, be held liable for monetary damages.

If a person is killed because of the wrongful conduct of a person or persons, the decedent’s heirs and other beneficiaries may file a wrongful death action against those responsible for the decedent’s death. This area of Tort Law is governed by statute. Wrongful death statutes vary from state to state, but in general they define who may sue for wrongful death and what, if any, limits may be applied to an award of damages.

SURVIVOR CLAIM:

Finally, while the decedant was alive and conscious and suffering pain and mental anguish, his/her estate can maintain a claim for (1) pre-death pain and suffering; (2) pre-death mental anguish; (3) any medical expenses incurred prior to death; (4) funeral and burial expenses; and, in some states, (5) punitive or exemplary damages. These claims run to the Esate and differ from wrongful death damages that run to the heirs of the decedent.

NEGLIGENCE

At the time of the accident made the basis of this suit, Defendant , KENNETH GRIFFITH was operating the aforementioned vehicle in a negligent and grossly negligent careless manner. Specifically, Defendant Mr. Griffith KENNETH GRIFFITH was speeding, may have been asleep, and was driving recklessly. He is negligent per se because he rear ended the vehicle. PENSKE® is liable for these negligent acts under the theory of respondeat superior. PENSKE® may also be held independently liable for negligent hiring and supervision of Mr. Griffith.

GROSS NEGLIGENCE

The Plaintiffs further alleges that a Mr. Griffith was operating his semi truckthe aforementioned vehicle in a grossly negligent manner.

ADDITIONAL NOTE:

Due to the egregiousness of Griffith’s conduct, the Luna County, New Mexico District
Attorneys’ office has charged him for vehicular homicide and reckless driving.

Pursuant to Tex. Civ. Prac. Rem. Code Section 71. 009, Plaintiffs assert that the decedent’s death was caused by the willful act or omission or gross negligence of the defendant. As a result, Plaintiffs seek punitive damages.

DAMAGES

As a result of Defendants’ negligence, which resulted in the Decedent’s injuries and death, Plaintiffs suffered the following damages, including but not limited to:

a) Pre-death physical pain and suffering
b) Pre-death mental pain, suffering, and anguish
c) Medical expenses
d) Burial expenses
e) Past lost wages
f) Loss of future earning capacity
g) Loss of fringe benefits
h) Loss of inheritance
i) Loss of retirement and employee benefits;
j) Loss of consortium and grief, past and future
k) Loss of support and other financial benefits Plaintiffs would have received from the
Decedent
I) Loss of services that Decedent would have provided to Plaintiffs.
m) Loss of Decedent’s care, attention, instruction, training, advice and guidance;
n) Loss of enjoyment oflife
0) Household services, past and future
p) Pecuniary loss, past and present
q) Punitive damages

COMMENTS:

In this matter, Defendant Kenneth Griffith was in the course and scope of his employment with PENSKE®. It was noted that a witness observed Mr. Griffith swerving in and out of his lane of travel before colliding with the decedent’s vehicle. Mr. Griffith was found at fault for the crash and was booked into the Luna County Detention Center. He was recently indicted for vehicular homicide.

Since trucking laws are governed by hundreds of regulations, litigation can be very complex. Hiring the right truck accident attorneys who specialize in Interstate truck accident laws is essential for a successful verdict outcome. For more information, talk to an experienced truck accident lawyer at Gordon, Elias & Seely. Call 800.773.6770.

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