TRACTOR TRAILER LOSES LOAD OF LUMBER

Case Resolved by:  Verdict___  Settlement_X_  Mediation___  Arbitration___

Full Case Name:

LUCAS CHANDLER, Plaintiff,   vs. RONALD J. NADIGER; WESTERN TRANSFER, L.L.C., an Idaho Limited Liability Company, and THREE RIVERS

TIMBER, INC., an Idaho corporation

Court:  Second Judicial District Court of the State of Idaho, in and for the County of Idaho

Case Number:

CV06-37068

Judge/Mediator/Arbitrator:  John Bradbury, Second Judicial District Judge

Significant Legal Issues or Holdings:

Plaintiff Characteristics:  age, work history, earnings, family, etc.

Luke Chandler was a 25-year old married service technician employed by Amerigas  (propane).  He and his family (wife and three children) resided in the small rural community of  Council, Idaho.  He had been employed by Amerigas for 5 years at the time of the accident.

Liability Facts:  Defendant driver was traveling south on US 95 in Adams County, Idaho, in his Kenworth hauling a load of lumber on a flatbed trailer.  Defendant Nadiger lost control on a corner, jackknifed, and the trailer tipped and lost its load of lumber.  Plaintiff drove off the road in and effort to avoid the collision but was struck by the falling lumber.

Describe Physical Injuries by Plaintiff:  traumatic brain injury, fractured jaw, multiple facial fractures including open nasal fracture, pulmonary contusion, severe respiratory failure requiring use of ventilator, placement of gastronomy tube, ICU for 3 weeks; he underwent six surgeries, plus  extensive dental surgery to realign his jaw and to remove fractured teeth. 

Plaintiff Experts & Specialty (Name/Address/Phone)

Arthur Atkinson, trucking safety, Glendale, AZ

Garrick Mitchell, accident reconstructionist, Denver,  CO

Defense Experts & Specialty (Name/Address/Phone)

Comments:  (Please add additional page(s) if necessary)

As submitting plaintiff’s attorney, I certify that the facts contained herein are true and accurate and hereby give permission to APITLAmerica® to publish this account of this case in any place they so choose, including, but not limited to, at APITLAmerica® CLEs, in any APITLAmerica® literature, on the APITLAmerica® website, in the APITLAmerica® newsletter, and in any books, articles, Powerpoints, presentations, and in any other means or method of publication or transmission in the total discretion of APITLAmerica®.  Furthermore, by my signature below, I also hereby release and provide to APITLAmerica® any copyrights to the information contained in this case report, and warrant that no other copyrights have been given to any other entity for this material.

Submitted by:

Plaintiff Attorney: Andrew M. Chasan, Chasan & Walton, L.L.C.

Phone:          208 345-3760               Fax:  208 345-0288

Address:

PO Box 1069

Email Address:

City/State/Zip

Boise, ID 83701

SIGNATURE:



Putting the Brakes on Unsafe Trucking Companies