Negligence – Disability insurer denied summary judgment in lawsuit over rescission
Where passengers who were injured when their vehicle’s driver fell asleep and struck a tractor-trailer illegally parked on the shoulder area of a highway sued the tractor trailer driver and his employer, a jury will decide if the tractor trailer driver’s negligence or the vehicle driver’s negligence was the proximate cause of the accident.
Background
This case arises from a motor vehicle accident on
Lopez is also a defendant in this case. Plaintiffs allege that his negligence, along with Flores’s, “combined or individually, proximately caused” to the crash. Plaintiffs raise negligence and respondeat superior claims against
Proximate cause
This comparison ignores the fact that in Riggle, safety flares, flashing lights and other warning devices were present to warn oncoming drivers. Here, there is no evidence that Lopez had any such warnings, inside of the car or in the form of safety triangles or flares around Flores’s and Move Freight’s illegally parked truck. Virginia Stage Lines provides defendants with even less support.
Plaintiffs have presented evidence to support an inference that Flores’s placement of the truck on the shoulder of the highway, “in a diagonal position that obstructed part of the roadway,” blocking the built-in “recovery area” for wayward drivers was more than a “remote cause” of this accident. The issue of proximate cause in this case is an issue of fact to be decided by the jury.
Gross/wanton negligence
“Because ‘the standard for gross negligence in
Because a claim for gross negligence fails as a matter of law when the evidence shows that the defendants exercised some degree of care, movants are entitled to summary judgment on the issue of gross negligence. The court’s finding that Flores exercised some degree of care also forecloses, as a matter of law, plaintiff’s claims of willful and wanton negligence and punitive damages.
Defendant Move Freight and Flores’s motion for summary judgment granted in part, denied in part.
Milne v.
Full-Text Opinion
VLW 026-3-157


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