Dallas Partner Obtains Summary Judgment, Directed Verdict in Wrongful Death Trucking Case

Background

This matter arose from a wrongful death trucking accident when decedent crashed into the back of a tractor-trailer. The tractor was owned by our client and subsequently rented to co-defendant and their driver, in addition to a rented trailer from another company. Subsequently, after an unknown object hit the brake line, the tractor stalled in the middle of the highway and was struck by decedent.

Plaintiffs filed suit asserting negligence and gross negligence against the tractor company. The co-defendant also filed a cross-claim against the tractor company for contribution and breach of contract for supplying the tractor with an alleged latent defect, which they alleged caused the tractor to stall on the highway.

Analysis

The court found that neither plaintiffs nor co-defendants could provide any evidence to show the tractor company had any liability on the claims asserted against it. Therefore, the court granted the summary judgment on plaintiffs’ claims prior to trial and a directed verdict of co-defendants’ claims at the close of evidence at the trial.