Knight Is In Deep Doo Doo!

Discussion in 'Knight' started by Time, Mar 29, 2011.

  1. Time

    Time Light Load Member

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    Jan 17, 2011
    Vancouver, WA
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    This link is to a transcript of a court proceeding in which Knight made out very, very badly:

    http://www.leagle.com/xmlResult.aspx?xmldoc=In FDCO 20110224A09.xml&docbase=CSLWAR3-2007-CURR

    It's a long, even torturous read but, like most good books, I couldn't put it down.

    The long and the short of it is, there was an accident that Knight did not cause. Unfortunately, shortly after the accident, a Knight driver named Muthee roared through the debris field and might have (very important because we'll never know!) killed a guy. Muthee rolled on down the road a few hundred yards and stopped. And then left . . Kansas . . for California . . with a stop in Sparks to destroy some evidence . .

    The linked transcript takes us through everything that Muthee and Knight did to deter the cops and the victim's survivors from pursuing the truth and, perhaps, a case against Knight and Muthee.

    If you can't stand the suspense, scroll on down to the last few paragraphs. Essentially, as a sanction for it's misconduct, the court has stripped Knight of it's ability to defend itself. The court is basically saying "We're going to tell the jury you did it. The only thing left for the jury to decide is how much you'll have to pay! Happy? And, on top of that, we've opened the door for punitive damages! Rub it in money! Still happy?"

    There are strong allegations of criminal misconduct. That means Knight's insurers can say "Sorry fellas! You're on your own!" This could have easily been settled for a paltry few million. Instead, this has the potential for hundreds of millions and it may have to come from Knight's own pockets . . and anything Muthee wants to kick in.
     
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  3. walstib

    walstib Darkstar

    I couldn't stop reading it, WOW...Horrible situation along with a terrible coverup...I guess they did enough to avoid serious criminal issues but the punitive is going to sink them...
     
  4. Time

    Time Light Load Member

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    Jan 17, 2011
    Vancouver, WA
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    Quoted from Ballinger's (Kansas Highway Patrol) email, in footnote #6:

    "Knight has obstructed the legal process all the way through and is subject to criminal charges themselves."

    If there are criminal charges, the insurance companies will say "See you later, when your back is straighter!"
     
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  5. walstib

    walstib Darkstar

    I understand those charges, but they avoided the bigger ones thru their 'spoilation'...They should have just thrown the driver under the bus and saved face and maybe their company...
     
  6. truckerdave1970

    truckerdave1970 On Probation

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    Rochester, NY
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    I have to know how this plays out!

    If nothing else, Knight will lose a boat load of money!
    And we all know how important that is to them!!
     
  7. Time

    Time Light Load Member

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    Jan 17, 2011
    Vancouver, WA
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    Stay tuned!

    "The Court also DIRECTS Plaintiff, if she so chooses, to file an Amended Complaint that only adds a claim for punitive damages on or before Friday, March 4, 2011. The parties are directed to submit a Joint Status Report indicating which of the following trial dates are schedulable: April 18th, April 25th, May 2nd, May 9th, and May 16th."

    It's time for Knight to step up and make a big, big, big, big, big settlement offer, like 25 million, plus. They're going to pay through the nose, one way or the other so it might as well be on terms they can stomach. They don't stand much of a chance with a jury. I truly believe this could be one of those ridiculous 100 million judgments. With the scope of the testimony being so narrowly focused, there'll be a lot less for Knight to use to try an appeal.

    Swift lost a case in Arkansas recently, I don't remember for how much but it was a lot. They tried to put off paying the tab while they appealed and the judge told them to go poop in their hats. Swift still balked until AR State Troopers began stopping trucks, kicking the drivers to the curb and towing the trucks and loads!
     
  8. walstib

    walstib Darkstar

    I can see a BK and name change in their future if that kind of number is being discussed...
     
  9. popmartian

    popmartian Road Train Member

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    CONCLUSION
    The Court finds that Defendants Knight Transportation and George Muthee spoliated evidence. Accordingly, Plaintiff's Motion for Sanctions is GRANTED, and the Court STRIKES Defendants' pleadings and defenses to liability. The Court also DIRECTS Plaintiff, if she so chooses, to file an Amended Complaint that only adds a claim for punitive damages on or before Friday, March 4, 2011. The parties are directed to submit a Joint Status Report indicating which of the following trial dates are schedulable: April 18th, April 25th, May 2nd, May 9th, and May 16th.
    SO ORDERED.

    The Lawyers and investigating KHP officer should recieve an award for the good work they did. :biggrin_25514:
    of course knight will continue to deny responsibilty.
     
  10. bikegoon

    bikegoon Light Load Member

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    Feb 2, 2011
    Dayton, Ohio
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    Shut this company the heck down. Friggin awful, just awful.
     
  11. walstib

    walstib Darkstar

    Too easy, they'd be Day Transportation in a few days...Need to hit them where it hurts, the wallet and make them un-insurable so no matter what name they use, nobody will touch them...The evidence looks bad against them and if it is as it reads, they deserve torture...I feel bad for the good drivers that will be effected by this...I hope they know about this and start their search for a new truck, I know I would be...
     
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