September 24, 2024
Dysart Taylor McMonigle Brumitt & Wilcox, P.C. directors John Wilcox and Meghan Litecky obtained summary judgment in favor of their clients, an interstate motor carrier and its driver, in a negligence action in which the plaintiff claimed damages of $20M.
In June 2020, the plaintiff was a passenger in a rental car driven by her roommate (“driver”). The two were traveling on eastbound U.S. Interstate 70 (“I-70”) from Colorado to their apartment in Wichita, Kansas. Near Hays, Kansas, their vehicle was pulled over by a Kansas Highway Patrol (“KHP”) trooper for suspected traffic violations. During this encounter, the trooper smelled marijuana coming from the rental car and a probable cause search of the vehicle ensued. The plaintiff and driver exited the vehicle at the trooper’s command. When the trooper completed his search of the console, he walked to the rear of the vehicle to search the trunk. At this time, the driver and plaintiff returned to the car and fled the scene. This resulted in a high-speed chase on eastbound I-70, involving several troopers, that reached speeds of 120 mph and covered over 40 miles.
Approximately 38 miles into the chase, the driver attempted to avoid a tire deflation device and crossed the grassy median, where she entered westbound I-70. The plaintiff and her driver did not stop but continued to flee, traveling east on westbound I-70 against oncoming traffic. After nearly colliding head-on with a number of passenger vehicles, the driver lost control of her vehicle, which then began to spin before striking the westbound tractor-trailer. The driver walked away from the collision. The plaintiff sustained catastrophic injuries.
Thereafter, the plaintiff brought suit in Kansas state court. In her petition, she alleged that the truck driver, who was delivering a shipment from Salina, Kansas, to Washington state, was negligent for failing to avoid the rental car. She alleged that the motor carrier was vicariously liable for the negligence of its driver. She further alleged that the motor carrier was liable under theories of negligent hiring, supervision and training. The plaintiff claimed damages of $20M.
The plaintiff relied heavily on the opinion of her liability expert, who opined that the truck driver could have avoided the collision. In his attempt to avoid the rental car heading toward him, the truck driver had veered to his left. He testified at deposition that had he veered right or continued straight, he feared that he would have killed everyone involved. The plaintiff’s expert was critical of this decision and countered by testifying that pursuant to “industry standard,” the truck driver should have veered right rather than left.
After discovery, Dysart Taylor’s team of John Wilcox and Meghan Litecky filed a motion for summary judgment. In its ruling, the court noted that summary judgment is uncommon in negligence cases and should only be granted with caution. With that said, the court accepted the defense argument that there was no foundation for the plaintiff’s expert’s industry standard opinion and that this opinion was inconsistent with industry literature, including the Kansas CDL Manual. Further, the court accepted Dysart Taylor’s argument that the plaintiff was not an innocent passenger and was engaged in a joint enterprise and criminal conspiracy with the driver at the time of the wreck. Given this, the court concluded that the plaintiff’s own actions and the imputed negligence of her driver were the proximate or legal cause of the accident and the plaintiff’s injuries.
Contact John F. Wilcox, Jr. at jwilcox@dysarttaylor.com or (816) 714-3046 and contact Meghan Litecky at mlitecky@dysarttaylor.com or (816) 714-3052.