(EMAILWIRE.COM, June 13, 2008 )

TRUCK ACCIDENT WRONGFUL DEATH

C.F. vs. 1012582 ONTARIO LIMITED
D/B/A PACE MARATHON, et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

John Page, a Missouri truck accident lawyer, settled a tractor trailer crash that occurred in Missouri with Defendants from Canada.
The Defendants in the case were two trucking transport companies organized and existing under the laws of Canada and a truck driver who was an individual residing in Canada. John can be contacted diretly through http://www.truckaccidentlawgroup.com/consultation.php.

The Missouri truck accident occurred on April 2, 2005. Plaintiff alleged the Defendants owned and/or operated the 1999 Volvo Conventional tractor truck that was involved in this crash. Plaintiff further alleged the Decedent was killed due to the negligence of Defendants and that she suffered the loss of Decedent's services, support, consortium, love, affection, counsel and guidance.
Some allegations pled in the case suit include:
1. Defendants, and each of them, failed to provide safety courses to its agents, servants, and employees on how to safely operate the tractor trailer;
2. Defendants, and each of them, failed to provide continuing safety courses to its agents, servants, and employees on trucking safety issues before this Missouri truck accident;
3. Operating the tractor trailer at an excessive and dangerous rate of speed on a Missouri roadway;
4. Failing to have the tractor trailer under proper control prior to the truck accident;
5. Failing to keep a proper lookout;
6. Failing to obey the rules of the road requiring Defendants, and each of them, to keep a reasonable distance between vehicles; and
7. Failing to observe the rules of the road governing the movements of travelers on the highways of the State of Missouri.


Negligent Entrustment
It was further alleged the Defendants, and each of them, were careless and negligent in trusting the tractor trailer to Defendant driver because of numerous past traffic violations. The actions of Defendant driver relating to this crash, coupled with his prior violations, showed Defendant driver had a complete disregard for the law and the safety of others. The prior reckless behavior was a sign of inexperience, lack of training, and habitual recklessness and Plaintiff contended the Defendants, and each of them, were guilty of negligent entrustment in the operation of the tractor trailer at the time of this crash. For more details related to negligent entrustment claims, visit http://www.truckaccidentlawgroup.com/causes.shtml.

Negligent Hiring
Plaintiff alleged the Defendants, and each of them, were careless and negligent in the hiring of Defendant driver. A review of Defendant driver’s driving record should have alerted Defendants, and each of them, that Defendant driver exhibited traits of reckless behavior and incompetence.

Joint Venture
Plaintiff alleged there was a joint venture between all named Defendants in the operation, trucking, carrying, and hauling freight in the State of Missouri because:
a. Two of the Defendants were subsidiary companies of each other and/or there was on the day of this Missouri truck accident, an express agreement between all Defendants, and each of them, to operate the tractor trailer and haul freight;

b. There was an obvious common purpose between all Defendants, and each of them, in operating the tractor trailer at the time of this crash;

c. There was a community of pecuniary interest in the common purpose of operating the tractor trailer; and

d. There was an equal voice, giving an equal right of control in the direction of the joint venture between all Defendants.

The truck accident case settled for a confidential sum at mediation. John Page was the attorney responsible for the case. John is now a partner at Page // Cagle, a Saint Louis Missouri personal injury law firm. The Firm’s address is 1232 Washington Avenue, Suite 220, St. Louis, MO 63103.
John can be reached by calling 314.322.8515 or 1.800.500.4658. You can also visit him on the web at www.truckaccidentlawgroup.com.

The choice of a lawyer is an important decision and should not be based solely upon advertisement.

Contact Information:
Page Cagle
John J. Page
Tel: 314.322.8515
Email us


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