On Dec. 6, 2013, the Plaintiff and her husband were traveling southbound on US 93 when they attempted to pass a truck driven by the Defendant which was owned by the Defendant’s employer. After entering the northbound lane, the Plaintiffs collided head on with another Plaintiff, who was traveling northbound on US 93. Two of the Plaintiffs sustained fatal injuries. The other Plaintiff sustained serious injuries.
Plaintiffs contended that the Defendant would not allow them to pass his truck and was playing a dangerous cat and mouse game with the Plaintiffs, who in turn became frightened and tried to pass his truck to get away from the Defendant. Plaintiffs contended that the Defendant, as a professional truck driver, knew that motorists would be afraid to travel near his truck, that he could pull over and let them pass and that the Plaintiffs were attempting to pass him for miles. Although he admitted that he witnessed the deadly head on collision to his left, the Defendant did not stay at the scene and did not preserve evidence relating to his driving contained in the truck’s event data recorder. Plaintiffs alleged that the Defendant’s employer was liable for the actions of the Defendant and that it failed to preserve evidence.
Defendants contended the Plaintiffs were the sole cause of the incident when they decided to illegally enter the northbound lane into oncoming traffic. Defendants claimed they were not involved in the incident because the Plaintiff vehicle never made contact with Defendants’ truck.
The surviving Plaintiff suffered a concussion that resolved, orthopedic injuries, emotional distress, and loss of consortium due to her husband’s death. The Plaintiff’s children suffered the loss of their father.
The Homampour team were able to settle with the Defendants for $2.8 million. Although this allowed the Homampour team to secure a sizable figure for the Plaintiffs, it can not replace the loss of a husband and father.
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