Home > News > Firm Obtains Dismissal of Wrongful Death Action!
FIRM OBTAINS DISMISSAL OF WRONGFUL DEATH ACTION!
Plaintiffs in a wrongful death action voluntarily dismissed a Firm tractor-trailer dealership client upon the Firm's filing of a Motion for Summary Judgment on its behalf.
In this case, plaintiffs' decedent was killed when a tractor-trailer previously sold by the Firm's dealership client to the decedent's employer backed-up into him, causing a fatal crushing injury. Plaintiffs alleged that the tractor-trailer lacked proper mirrors and other back-up warning devices such as an audible alarm, and argued that Cal-OSHA regulations had required the decedent's employer to utilize these safety devices in the ordinary course of business. In their suit, plaintiffs sought to hold the Firm's tractor-trailer dealership client liable for the lack of the required safety devices, arguing that it had sold the tractor to the decedent's employer without the required safety features.
Under the direction of Firm Partner Robert B. Salley, tailored discovery developed evidence demonstrating that the Firm's tractor-trailer dealership client had sold the vehicle properly equipped with all mirrors and back-up safety devices required under both the Federal Motor Carrier Safety Regulations and the California Vehicle Code. Further, the Firm argued that its dealership client had received no notice from the decedent's employer (the buyer of the tractor-trailer) of any particulars of the work place or of any Cal-OSHA equipment requirements. Thus, the Firm's dealership client had no duty to equip the tractor-trailer beyond the FMCS Regulations or the California Vehicle Code requirements, and no duty had therefore been breached.
On the eve of the deadline for plaintiffs to oppose the Firm's Motion for Summary Judgment, plaintiffs agreed to voluntarily dismiss.
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Related Attorney(s):
Robert B. Salley
Related Practice Area(s):
Transportation Law
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LOS ANGELES ORANGE COUNTY VENTURA/OXNARD CENTRAL COAST
BAY AREA SACRAMENTO LAS VEGAS RENO PHOENIX
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