Trucking Co. Sued For Leaking Fuel on Highway; Truck Was 40 Miles Away At Time of
Accident
DOLAN MEDIA NEWSWIRE:
The parents of Loni Prater brought a wrongful death lawsuit against Cynthia Sexton,
James Patton and Potter Transport, Inc.
Prater, 18, died hours after an automobile accident on Nov. 23, 2000. She was slowing
her vehicle on a hill in the rain on Highway 65 in Dallas County near Urbana when
she was struck from behind by Sexton’s vehicle. The collision forced Prater
over the centerline, where she was hit by another vehicle.
The Potter Transport truck was 40 miles away from the accident site at the time
of the collision. The plaintiffs claimed diesel fuel had dripped onto the highway
from a leaking fuel tank on the tractor-trailer truck, which was driven by Patton.
They said the fuel on the highway impaired Sexton’s ability to avoid hitting
Prater.
They also claimed Patton violated multiple Federal Motor Carrier Safety Regulations
which caused or contributed to the accident. Thirteen minutes after the accident
the truck stopped on the side of the road, disabled with a leaking fuel tank.
The defense presented evidence including testimony from a highway patrolman that
there was no diesel fuel on the highway in the area of the accident. The defendants
also argued that the fuel leak was so slight that only a few drops would have fallen
on the area of the accident, and it would have been hard for the driver to detect.
Sexton’s insurance company paid and the carrier for Patton and Potter Transport’s
insurance company paid.
Type of Action: Automobile accident
Type of Injuries: Death
Court/Case Number/Date: Dallas County Circuit Court/CV301-063CC/ June 2002
Caption: Prater v. Sexton, et al.
Judge, Jury or ADR: Jury
Name of Judge: John W. Sims
Verdict or Settlement: settlement
Allocation of Fault: N/A
Last Offer: N/A
Last Demand: N/A
Attorneys for Plaintiff: Dan Ramsdell and Ken Willoughby, The Ramsdell Law
Firm, Springfield; James Moore, Lebanon
Insurance Carrier: Allied Insurance; Farmers Insurance
Plaintiff's Experts: Roger Allen, Houston, Texas (commercial motor vehicle
safety); Kristy Gibson, Strafford (nurse); Charles Vaughan, Springfield (accident
reconstructionist)
Defendant's Experts: N/A
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