Woman Suffered Brain Injury in Accident With Truck; She Claimed Driver Violated Federal Regulations


Cheryl Dodson sued James Avis, a truck driver, and Avis Auto Transport, his employer, after an accident in Bolivar, Mo. Dodson suffered mild traumatic brain injury in the April 1, 2000 collision at the intersection of Highway 13 and Highway 32.

Dodson claimed that she entered the intersection on a green light in her Plymouth and was struck by a tractor-trailer truck driven by Avis. She said Avis failed to yield the right-of-way, failed to keep a careful lookout, was speeding and ran a red light. Dodson also argued that Avis and Avis Auto Transport violated Federal Motor Carrier Safety Regulations including regulations covering ill or fatigued drivers, requiring driving schedules to conform to speed limits and regarding qualifications and disqualifications of drivers.

The defendants argued that Dodson caused the accident by speeding and failing to watch for other vehicles before entering the intersection. They also claimed that she could have avoided the accident by braking and that she failed to mitigate her damages by wearing a seatbelt.

Type of Action: Tractor-trailer/automobile accident

Type of Injuries: Mild traumatic brain injury

Court/Case Number/Date: Greene County Circuit Court/100CC3798/ August 2002

Caption: Dodson v. Avis Auto Transport, et al.

Judge, Jury or ADR: Mediation

Name of Judge: Henry W. Westbrooke Jr.

Verdict or Settlement: settlement

Allocation of Fault: N/A

Last Offer: None

Last Demand: None

Attorneys for Plaintiff: Daniel T. Ramsdell and Charles K. Willoughby, Ramsdell Law Firm, Springfield

Insurance Carrier: Gulf Insurance Companies

Plaintiff's Experts: Thomas Blansett, Springfield (neuropsychologist)

Defendant's Experts: None

Copyright 2008 Dolan Media Company.  All rights reserved.

Putting the Brakes on Unsafe Trucking Companies