After a fatal accident in 2016, a lawsuit was filed against the truck driver who caused the crash, his carrier, and the carrier’s parent company. A Georgia jury has found all three liable for the death of one of the accident’s victims, and awarded her family what is believed to be the largest ever verdict against a trucking company: $280 million.
Judy Madere, a 58-year-old woman, was riding in a car driven by her daughter when the accident occurred on July 18th, 2016. Her twin sister and two of her granddaughters were also passengers in the car. When Kenneth Cathey’s truck crossed over the center line of U.S. 80 in Alabama and struck their vehicle head-on, all five occupants of the car lost their lives.
Plaintiff’s attorneys claim that the truck crossed into oncoming traffic when Cathey fell asleep at the wheel. Cathey claims that he had swerved to avoid hitting a dog that was in the roadway, though that account has been disputed.
In 2017, Madere’s remaining family filed a lawsuit against Cathey, his carrier Schnitzer Southeast, and parent company Schnitzer Steel. The lawsuit alleged that negligence by the driver and company caused Madere’s death, and that the company knew that Cathey was “inattentive, unsafe, and a danger to the health and safety of the motoring public.”
On August 23rd, the jury deliberated for only 45 minutes before siding with the plaintiffs and awarding Cathey’s family $280 million. The jury valued Madere’s life at $150 million, ordered $30 million paid for her pain and suffering, ordered $100 million paid in punitive damages, and $65,000 in attorneys’ fees.
While Schnitzer Southeast is a fairly small company, parent company Schnitzer Steel is a large publicly traded company with $2.36 billion in revenue in 2018. Still, since the award is thought to be the largest in trucking history, it will likely be appealed by Schnitzer lawyers.
“We continue to extend our deepest condolences to all affected by this tragic accident that occurred in 2016,” A statement put out by Schnitzer reads. “Schnitzer Southeast has accepted responsibility for this accident, and we were hoping for a fair and reasonable outcome for all parties. Unfortunately, we believe the trial was riddled with errors, and we plan to appeal.”
Attorneys for Schnitzer are also busy preparing for another case – they argue a separate case regarding Madere’s twin sister’s death on October 7th. Three other lawsuits stemming from the crash have already been settled.
Meanwhile, Cathey has been awaiting trial for five counts of criminally negligent homicide since his arrest in 2017.
Source: freightwaves, bizjournals, ledgerenquirer, law, law
Robert Abare says
This is definitely a tragic event and many people lost their lives that could have been prevented. The one thing that I got out of this is that the company knew that the driver inattentive and knew that he wasn’t going to be able to perform his job the way it is supposed to be., and definitely not in the safe Manor. Also in this day in age with the federal government having d o t personnel that this driver whether he be Union or non-union should know that if he is fatigued or over hours or illegal or what have you oh, that he can refuse to drive the truck and not get fired! Shame on the company and the driver!
Anonymous Driver says
Robert, agree with you on all but one point, tell company you are exhausted, sick, or unable to drive for ANY reason, they will find a way to get rid of you. When they do, they list “violation of company policy” as the reason for termination. In trucking, this is worse than a DUI/DWI, and you are blacklisted from every company for 3 years, a lot of companies for 5 years, and the better companies for 7 years. I sympathize with the drivers, we often feel we have no choice, but I’m glad the jury nailed this company big time!
Big Booblyboo says
Can’t see a 58 year old woman’s life being worth $ 150 million. If she was 20 and in college with a 4.0 gpa, maybe $30million but not at 58.
Joe2boltz says
The steel firm has deep pockets. It was ment as a big punishment.
It will get reduced.
Geri mann says
Age does not have anything to do with it. At 58 you’re in your prime. Hell I’m 58 still driving my truck, have a good sexual appetite, and enjoying my grand children. And very healthy and I still have all my real teeth. YOUR AN IDIOT
Big Booblyboo says
@geri mann
Actually age has a significant roll in determining pay outs. This will be reduced.
If the person was much younger with or without small children the payout would be substantial due to the fact the person had a longer life of productivity ahead of them. Now to address your last comments; still driving your truck, pickups don’t count. Pulling your pud isn’t considered sexual appetite, it’s the best you can do. Teeth in a jar is one way of saying you still have all your teeth. Grand children you enjoy sending home. Very healthy compared to what? You’re an idiot ok you’re an idiot.
Rodney Huhn says
Right on
Shogun says
You’re old.
Roni says
We know what you consider yourself to be worth being the self centered person you are. Her family felt a loss greater than $150 million. Consider the ones left without her.
shaun burke says
avoid a dog, really ?
that’s a crock of sheet
if it aint a human, accelerate into it…never swerve
piss poor lying alibi for falling asleep
Dale says
So, avoid hitting one human and drive head-on into five? Of course not, and I know you’re not saying that, but I was taught to NEVER leave your lane for all the obvious reasons. The driver should’ve just owned up to falling asleep.
Robert says
The driver may not have known he fell asleep, it is called micro sleeping it is a temporary episode of sleep or drowsiness which may last for a fraction of a second or up to 30 seconds where an individual fails to respond to some arbitrary sensory input and becomes unconscious. I bet you have experienced it if when you get to your destination you can’t remember how you got there.
Scott says
if it’s human, don’t swerve!
Anonymous Driver says
That is a very hard decision, a really bad position to be put in. Drivers are taught to never swerve, always stay in your lane, even though natural instincts are to avoid any obstacle. Wonder what these new autonomous AI self driving trucks will do? Wonder what their death toll statistics will be? Hey Geeks! Programming them to only run at 50mph would invalidate the scenario!
Chip says
You don’t know what he’s saying is not true even though we’re trained to go straight even over people who jump in the road, but I believe a reaction like a dog could have caused it, but it is a horrible tragedy and I’m positive the trucker is struggling over it.
Robert says
Actually don’t accelerate, what cracker jack box did you get your CDL from. Maintain speed, no swerve, no brakes.
After impact get out and survey the damage.
Ladena M Widner says
Amen to that! Dont never swerve an 80,000 lbs to avoid animals .in the road.
Gracie says
That’s terrible, I am an animal lover.
Chad says
Would you prefer an animal die or your family. I would prefer neither but if I had to choose I’d rather it be an animal.
Bob Neecome says
Me too. I love my animals. Especially smoked or grilled.
JOHNNY EDWARDS says
😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂…….me too! Especially cows (beef).
Lawrence says
agree
Joe2boltz says
Roger that. I bet he was on the phone?
Darrell D Pittman says
I too, was a victim of careless driving although in my case I was the commercial driver driving the commercial vehicle at the time,, I feel about this particular case is that they the company are going to hang the driver out to dry or die,, which is totally not fair to the professional driver,, at the same time I feel the judgment against the company was correct,, in my particular case the individual four wheeler jumped in front of my truck at 68 miles an hour,, while I was passing his vehicle,,and then try to claim while the cameras caught him doing just that on purpose,,that I was at fault and my company Seward motor freight was at fault,, and Seward motor freight hung me out to dry or the new terminology today’s terms threw me under the bus,, the driver being fatigued should not have happened regardless,, it will be an unfair judgment against the driver,, the judgment should be dead set against the company,, trance the reason for hours of service,,and electronic logging to prevent this type of fatigue if he was truly fatigued,, and if there was a dog in the roadway and they could find that animal at the time,, that proves the drivers innocence,,about my particular case with Seward motor freight or against the driver that caused the accident,, instead of the company being on my side seeing the department of transportation and F.M.C.S.A., KNOW THE TRUTH ABOUT MY ACCIDENT, THAT COMMERCIAL COMPANY TRY TO DESTROY MY CAREER WHICH THEY’VE EFFECTIVELY DONE,,EVEN THOUGH THE FMCSA HAS RULED AGAINST THE DRIVER CAUSED THE ACCIDENT,,BUT THE SAFETY DIRECTOR OF THAT PARTICULAR COMPANY SAID THAT,I WAS ACTIVELY INVOLVED IN A ROAD-RAGE WHICH WAS BULL CRAP,, so I feel for the driver in this particular case,, he probably doesn’t deserve the damages that are going to be put against him for the rest of his life he feels bad enough as it is for hurting a human being,, he probably never wants to drive anyway,, because of the one incident or death accident,, so my prayer would be his life can continue on and the lives of the people who died can continue on,, and that commercial company be dissolved.
sonny Pruitt says
Yeah,there’s DEFINITELY no place for road rage in any vehicle, let alone an 18 wheeler.I don’t know, judging by your tone,and the length and capitalized letters and stuff in your post, I’m thinking he probably made the right call.he shouldn’t be punished for life, he only killed five people, including children? Now I KNOW your previous employer made the right call!!PROBABLY DOESN’T DESERVE THE DAMAGES?are you serious? “Oh he feels terrible and learned his lesson, we’re giving him 40 hours community service and he don’t have to drive anymore if he don’t want to” you sound like a real ding dong.maybe if you’d have seen the family trying to get from Alabama to Louisiana you’d understand. I did.
Steve R says
You believe if they found the dog then the outcome would be different!!!!!….. Even if they found the dog, what if the dog doesn’t admit to being on the road at that time, maybe the dog will blame it on another dog and citing dogcism that all dogs look alike. The dog doesn’t want to go to jail, the dog will blame his owner for letting him play on the road and then the dogs owner will be held liable. The dog is the victim here and there should be a safe space for this poor dog.
Janiec Robert says
Distracted driving at its best. I’m curious as to the age of the driver of the semi, I’ve been driving for 21 yrs. otr. It just takes a split second to cross over the center line if your distracted. That driver should have his cdl.revoked for life.
Brian Bear Mcgee says
Man, come on, if you’ve really been driving COMMERCIALLY for 21 yrs. there is nooo way you’ve never been distracted for a moment & even ever so slightly crossing the line etc. etc. or not gotten sleepy while driving!! BS!
I’m not sideing at all for the driver, I wasn’t obviously there & how in the he’ll basically would his company know as well that he was “inattentive, unsafe & a danger” UNLESS his driving record was bad upon hire. They wouldn’t have known at the moment ofcourse, only basically a fwrd facing camera would have indicated that AFTER the crash & upon review so not sure what the articles reference means. Very sad for victims & there family indeed but any & all of u Yahoo’s that instantly say stupid shyt about the driver yet u weren’t there etc. shows your intelligence level & your honesty &/or TRUE trucking exp.
Jimmy crackcorn says
You are right. Been doing.this for a very long time have over 1.5 million safe miles by the grace of god. I have definitely had a few scary moments out here. Its hard to say. Unfortunately 99.9% he fell a sleep. Its sad what these companies and the DOT ask of the drivers. Very sad for all involved, yes even the driver. His life also is gone, his family, everyone. I couldnt imagine.
Trucker 309 says
Brian the person you reacted to Janiec Robert never claimed he himself wasn’t guilty of distracted driving. He plainly gave an opinion that he killed 5 people and his CDL should be revoked. I’ve got about 23 years under my belt too and I’m curious to of how much experience and age of the truck driver. Today’s drivers have way to many distractions to deal with, Trucking was a lot easier and safer 20 years ago. But that’s just my opinion. I could write a book on all the dumb shit I see daily from the cab of my truck that I never noticed years ago.
Robert says
Swerved to avoid a dog?
I drive a truck and safely tells all of our drivers, DO NOT SWERVE, DO NOT HIT THE BRAKES. If it’s an animal, run it over.
I hope he goes to jail, he’s a danger to everyone. He also is not taking responsibility for his actions.
I hope that the company loses their appeal. If he had a history of not being safe.
Country says
You hit my dog you will hit me the same time I will make sure of it
Mike says
You would rather someone kill a family of five than your dog?
Rage says
Ok where are you 🙂
Robert says
The article fails to give us enough info to understand why “. . . the company knew . . . inattentive, unsafe, and a danger to the health and safety of the motoring public.” How would a company know of an inattentive driver? The only way would have been if there is a track record of that inattentive driving. Any CDL driver who is logging 120,000 miles a year will have had episodes of distracted driving. The question is what did the company know and do with that knowledge? Since the jury was out for only 45 minutes it must have been blatant but I am curious as to what it was.
Sylvester Stevenson says
All that for avoiding a dog? I would’ve rolled over the dog
Jack Hennessee says
Never swerve, one of the first things you learn pulling a chemical tanker, hit it straight on!
mousekiller says
i did not swerve to avoid a opossum.. some how when I hit it, it managed to bust the air line to the right front steer. That was fun. Being bigger doesn’t guarantee no damage just because it’s a Semi.
Matt Brown says
If you’re scanning near and far there is no reason to swerve or run over anything. When I see deer I warn the traffic behind me but they speed right by me just to hit the deer. People heads are glued in to something smh
Charles says
I believe Alabama US 80, is 4 – lanes. That would take a helluva swerve…and long a#@ dog. SMH.
Mike R says
Not all of us 80 is four lane
Hawk says
It is a 4 lane road
Big Booblyboo says
@hawk
Not all of US 80 is 4 lane.
Cathie says
The unexpected loss of life is tragic and leaves a gaping hole however we ALL DIE, prison likely for the driver who I am sure is riddled beyond our imagination reliving the horror dealt by his hand. I take complete umbrage at the 280 MILLION in blood money being extorted This is NOT A PAYDAY nor winning the lottery! I hope the companies involved do appeal and win.
Tim says
The only sensible comment I’ve read so far👍
Jeff Taylor says
He didn’t swerve to avoid a dog……he fell asleep at the wheel. He used the story as a cover up. Probably didn’t know the seriousness of the accident and told the officers he swerved to avoid hitting the dog. He should just plead guilty and save the taxpayers money!
Big Booblyboo says
@jeff taylor
How exactly would you know? Were you there? The driver hasn’t had his day in court yet.
William says
Did anyone else notice the error in the story? It says the jury awarded Cathey $280 million. He is the truck driver!
JP says
Good catch, William! Really bad error checking. Lol.
Samuel R. Gallezzo says
I’m a driver and I agree with the verdict. If you’re tired pull over and get some sleep. You can’t be fired for being fatigued. I can’t imagine the pain of the family and the guilt that driver will live with for the rest of his life.
Anonymous Driver says
Yes Sam, you can be fired, tell company you are exhausted, sick, or unable to drive for ANY reason, they will find a way to get rid of you. When they do, they list “violation of company policy” as the reason for termination. In trucking, this is worse than a DUI/DWI, and you are blacklisted from every company for 3 years, a lot of companies for 5 years, and the better companies for 7 years. I sympathize with the drivers, we often feel we have no choice, but I’m glad the jury nailed this company big time!
Brian Bear Mcgee says
Then u Samual have not been a “driver” for too long my friend. There are times as surely u would have experienced by now that it’s impossible to just “pull over” lol. that option isn’t always available. Unless u happen to be one of those drivers that seemingly forget the size of your truck. To the “u can’t be fired for being fatigued.. lol. Technically & lawfully def true BUT the REAL world of trucking says otherwise, the company of course will just never say that’s why u were fired. I assure u as well.. no matter how good your company treats u, pays u etc. etc. when the chips are done.. They (the big wigs) dont give a shyt about u.
Joe2boltz says
Dont forget that your pay will fall off. Shorter runs. Less revenue
runs. That will happen before they get to the firing part.
The bottom line for all the carriers is money. They all talk safety but its money that keeps the doors open.
Jim says
All they want is revenue revenue revenue revenue any bumps they’ll find a way to get rid of you there’s nothing you can do about it, that’s life and it will always be that way you get into crap keep your fingers crossed
mousekiller says
Lets see now. So many what ifs and should haves from those that were not there.. You cannot predict for certain when your going to be at the point of fatigue needing sleep.Too many factors.. Argue all you want . You can’t park just where you want to when you feel you need to. No shoulder and if you do you get bothered by the leos anyway. Drivers can’t win . We can never be right in the eyes of lawyers, leos and juries. It has been slowly creeping into the industry for the last 30 years.Idiocy…. Lets face it, most of the new drivers of today are not safe, don’t pay attention. Have loads of trouble thinking for them selves, easily distracted by the cell phone and it’s many uses and seldom pay attention to their surroundings when behind the wheel.., think about it. They dress and act smell like they rent the TS dumpster. lack respect for them selves and others. Lack basic communications skills and the idea of taking responsibility for their actions is to them like cutting off a hand. Not happening.
Big Booblyboo says
@samuel r gallezzo
Not fired for fatigue but fired for being late on a load.
Juan robledo says
There are times animals do run out in front of in your path and you have no choice but to hit it, now how fast was he driving, 75-80 if he was driving in a safe manner, this wreck would have never occurred, this man took out 5 family members, he can deny the fact that he killed these folks and he company can dance the moon walk but they have reckless driver in their house, man up you screwed up totally you should be ashamed of yourself and be locked up, the company should pay up for hiring this driver and face the consequences
Brian Bear Mcgee says
Wth is wrong. with everyone here.. Y’all can’t ALL be this stupid. First off Juan, YES the accident could have still happend IF even (idk cause I wasn’t the driver &/or there) IF the driver was being safe & obeying speed limit. The driver took out 5 family members lives because well there happend to be 5 people in the vehicle! not like he hit 5 different cars! Ignorant statement as well.
It’s all bad but why is everyone quick to judge the driver when u don’t even know.
Jim says
I disagree with the speed, I had hit a large cow and I had hit a moose timing is everything, it doesn’t matter how long you been driving it’s timing when an animal comes out you end up hitting it this is happened to me twice in less than 50 days I’m not running up north on that open range no more it’s not worth it to me and the farmers been notified, I have a $2,500 deductible and my insurance company is going to try to fight it because this open range too many cows have been hit so who is really responsible
Jake says
Everyone’s talking about the imaginary dog and no one mentions how the company overworked the driver. If the company was as innocent as the dog, why are they on the line for millions?
Big Booblyboo says
On the hook for millions because America has become a nation of “sue for anything”.
Why so much money? How could a 58 year old woman’s life be worth a 150 million dollars?
Before the family sees any money the grand kids will be living in nursing homes.
Roni says
Maybe it was the Black Dog. You see him when overly fatigued.
Les Daniell says
People are literally murdered every day by their Doctors, since a law is in place protecting them from liability more than $250,000. Doctors will intentionally kill their patient if any chance of malpractice should occur as there is no cap of liability if the patient survives and every lawyer you talk to will tell you that doctor will spend three times that amount keeping you from ever seeing a can’t to protect their reputation. But here in the real world where amounts like this 280 MILLION. American people deserve the fate that is coming to them.
James DeClue says
No the guy saddle made mistake on his part that should of never happen . I’m sorry for the family that lost lives ! But I also feel sad for driver we all no r limits and I know if am sleepy I going lay my butt down the load can wait
Mark Gillespie says
What’s sucks is these pick companies are getting away with murder and everything put on driver, I use to work for one of the top 5 carriers and started with them out of Cdl school and they will, harbor ill will against you and future loads if you refuse loads or tell them that your tired and then tell you to call safety and they also tell you there’s nothing the can do call fleet owner who never answers phone after regular business hours, now these new drivers are falling asleep some who make little money can’t afford there sleep apnea supplies and your company quit buying it for you., but it’s just appalling that companies can’t threaten you with your job, you run and kill someone else or yourself for forced dispatch or face consequences of write up, fired and on your record as bad driver, or no work anymore, for just obeying the law and then see there sister companies driver destroy 6 future nurses lives. Forced dispatch is crazy
Anonymous Driver says
Mark, I had to quit that company after the nurses were killed (BTW: case still pending). Yep, we were forced to drive beyond our ability to be safe, under penalty of our careers being ruined. Company always “hacked” our logs to make it look like we had hours. ELD’s were/are NOT the solution. Many truck companies are now foreign owned (under a “shell” U.S. LLC) that couldn’t care less about U.S. laws… or safety. The U.S. companies that do it right, are being forced out of business… excessive laws are making it too expensive.
sonny Pruitt says
Try sleeping in a “no idle” truck stop with your windows up because its a bad area that your electronic log said you had to make it to to stay on schedule when its 90% outside with 85% humidity. Talk about waking up well rested and refreshed!!I haven’t driven in years so I’ve never slept in a no idle zone but I’ve seen them and wonder how that works, sleeping in Ontario California or Compton in the middle of the summer time during the day with no apu,or can they idle an apu out west?just doesn’t seem logical. I’d tell them go home and pull the main breaker and go to bed with the house closed up. That seems like an OSHA violation, asking someone to rest where its 130 degrees or minus 5.and they’re supposed to perform safety sensitive work? Kind of contradictory.
Cj says
As a driver for over 10 yrs i have never followed a single no idle law, my law is that you get your sleep and be comfortable follow it! or you goto jail for killing someone (dont follow dumbass laws created by morons who dont want to fix the real problems)
Jeff says
I just did my 34 hour reset at the TA in Ontario California.I got woke up 3times ppl trying to sell cologne and lizards and they want $20 a day.Oklahoma City at the Petro is another place I always get woke up.They have Secuirty but we’re still being bothered. I’m a couple yrs away from hanging my keys up.Thank God
Jim says
Yes all the FMCSA people should experience this this can be a very rough job and right now it is very underpaid I used to make $1,200 a week hauling gasoline locally 15 years down the road those companies are now offering 43000 a year what a joke and with technology nowadays people coming into the convenience stores looking at their laptop while I’m unloading gas they almost run over my hoes,I am will have to admit I have fell asleep twice in one night and I was working locally 12 to 14 hours a day local work 5 days a week is hard on anybody so I gave up Holland gasoline let some other ignorant person do it I don’t want to be involved in an accident for $40,000
John Carlos Calvo says
The dog was ubavailable for comment…
John Carlos Calvo says
*unavailable
OneEyeOpen says
Thses awards are a paper trophy award only … there will be 4 to6 future appeal after appeal …reward will be greatly reduced…in the end if the families might not even recoup 1% of the award ..insurance company capped at whatvthe premiums were paid for ..probably 1 million..then companyvgies bankrupt so that ends that ..and drivers total assets probably amounts to few thousand $ .. sad but true. I will never understand the award amounts.
Jimmy crackcorn says
Iam a trainer at CRST for the past 7 years. Unfortunately I see the same thing here. I failed a few guys who should not be driving a car yet CRST puts them behind the wheel of a highway train anyway. They could careless how.many families they murder its all about that $ $$$ really sad. 1 more year and. Iam out.
Jim says
I believe you are supporting CRST because you need money it’s your responsibility as a driver if you should fail that driver and the company insist on keeping that driver you need to do the right thing report and go look for another job you should report that to the FMCSA and make a case out of it and they will put their men in there undercover and they will bust that company
Anonymous Driver says
I think “pay-by-the-mile” is a safety issue, and it avoids DOL involvement in keeping the job fair. Drivers are forced to keep the wheels turning, to make enough money to live. If drivers were instead paid to do a good job, get it done on time, and do whatever it takes to do it safely, it would be a different world. Waitresses and truck drivers are severely discriminated against in the labor market. Yes, it’s gonna cost more, but what are human lives worth to you?
Red says
Why is it that if you die your life is valued at $150,000,000 but if you’re living you’re only worth about $3,200,000? I just based that from making $80,000 per year & then working 40 years before retirement. I wish that jury handled my paychecks!
Anonymous Driver says
Right! Average trucker “salery” is now about 45-50 cents per mile. So can anybody really plan a budget on that? “Our drivers average $$$ per week”, that’s highly speculative BS! It only gives drivers an incentive to drive more miles, work longer hours, thus make more mistakes. Drivers work 80 hours a week, and DO NOT get paid overtime. We don’t get paid for loading/unloading time, no pay for traffic jams, road construction, or accident delays, nor for shipper and receiver delays, BUT those delays count against how many hours we can actually get paid to drive in a day or week. If you average it out, company drivers don’t make HALF of minimum wage.
Thomas Thompson says
Love my dash cam!
Keith says
I was wondering if anyone was going to notice. Lol
Michael Sanders says
That hit a dog excuse was pitiful. I’ve hit my share of deer and didn’t think twice about it. Carriers nowadays make that clear in orientation. If the lanes beside me are empty I’m still probably gonna hit a deer. Geese we get critical events for swerving.
Sf says
I live I’m Alabama and travel US 80 frequently. I’ve gotten to the point where I don’t even hesitate to hit a dog, deer,etc. I’d rather bust a headlight than loose my or hurt someone else. I try my best to brake but definitely never swerve.
sonny Pruitt says
I went to school with Judy masers daughter anjanette,Judy and Larry lived next to the school in a nice house and were good people. Albany Louisiana, the town they were from is a small town and we all remember this accident.good people, God bless them and their family.
sonny Pruitt says
Bet HE whishes he had an in cab camera right about now!! To get the footage of the “dog” and all.
sonny Pruitt says
He was texting and driving.
Niscrappy says
No, AL 80 is not a 4 lane. I drive it every day. People pls get all of facts before posting your own opionated comments
Paul B says
I hate that people were killed here because of this truck drivers negligence and stupidity. However, I wish so much, our legal system had had the foresight 40 years to CAP lawsuits such as these at maybe 10M per death involved. No one is worth $280M sorry, but that’s just my feelings on the matter.
Tom says
I’m guessing he was texting. Better to use a excuses such as a animal, never the less, it’s to bad, for all !!
Ron Wood says
When a guy ran a red light into the side of my truck. The safety guy told me that I would have to get my own attorney. Their attorney only cared about the company. The law firm of Crabb,Brown, and James of Columbus, Ohio sent me letter saying that I was not at fault right up until 5 minutes before we went before the judge, and they left saying I wasn’t being represented DURING the court proceeding…I was on my own. “Equal Justice ” is a joke. The legal system is manipulated by those that have more power than you, or I do. Sorry for everyone involved.
Mack says
Regardless of fault, 280 million is an absurd amount. The problem with these civil cases in America is that it is a jury that decides. Civil cases and amounts of awards should be decided by a judge, or a panel of judges, like it is done in less litigious societies. One accident should not be a reason to basically kill a company.
Red says
Right, especially when the company admitted fault and are trying to take responsibility. The family should get paid. Paid well. They should become millionaires. But 280,000,000? Ummm no. It still was an accident at the end of the day. Truck drivers fault? Absolutely, but unintentional nonetheless. I honestly don’t see how the truck driver is sitting in jail with 5 felony counts of negligent homicide. It didn’t say anything about drugs or alcohol being a factor, so he shouldn’t be in there. Like I said, accidents happen. This one was particularly tragic with a whole family gone, but that’s why we all have insurance.
Joel says
Whats significantly wrong here is: if falling asleep is a crime and manslaughter is the verdict, than both the driver and dispatcher and broker should become cell mates. A dispatch that turns 12 hour schedule on a driver is the fault of dispatch.
Kenny Peele says
The driver probably did see a dog but the dog wasn’t real that happens when you’re too tired.