Partner Khale Lenhart recently obtained summary judgment on behalf of a trucking company and two drivers involved in a wrongful death action. The lawsuit arose out of a motor vehicle accident where a motorist left the lane of travel and struck the rear of a tractor-trailer that was parked on the shoulder of an interstate highway, resulting in the motorist’s death. The complaint alleged that the tractor-trailer was illegally parked and that, had the tractor-trailer not been illegally parked, the damages suffered by the motorist would have been greatly reduced or eliminated.
The Wyoming state district court found that the collision was not proximately caused by the act of parking, even if illegal, and instead was proximately caused by the motorist’s failure to maintain his lane of travel. Because the accident was not caused by the acts alleged in the complaint, the Court granted summary judgment to the defendants on all claims, including claims for negligence arising out of the alleged illegal parking, negligent training and supervision on the part of the motor carrier, and for punitive damages.
Mr. Lenhart’s practice includes representing trucking companies and other defendants in civil litigation matters.