Posted on 04/22/2005 9:46:08 AM PDT by BenLurkin
WACO, Texas, April 22 /PRNewswire/ --
A jury in Waco has found an Indiana-based trucking company at fault for a March 2002 accident that killed a U.S. Army lieutenant, and awarded his family $17.5 million.
23-year-old 2nd Lt. Matthew Giuliano had just graduated from officers training school, and was driving from Ft. Knox, Kentucky to his first assignment at Ft. Hood, Texas, when his car slammed into the rear of a tractor trailer owned by Celadon Trucking Services, Inc. Nasdaq: CLDN - News. The truck had been traveling in the high speed lane of Interstate 30 near Texarkana, when it came to an abrupt stop. Lt. Giuliano, who was unable to avoid a collision, was killed when his car slid beneath the 18-wheeler.
Testimony showed that prior to the accident, the truck driver -- with the company's knowledge -- had repaired a hole in a high-pressure brake hose with a toothpick, before resuming the trip. Two hours later that repair failed, causing the truck's immediate stop, and bringing about the accident that killed Lt. Giuliano.
"You don't have to know a thing about car or truck repair to know that using a toothpick isn't going to be a safe or effective means of repair," said attorney John Cummings of Fort Worth, who along with Steve Laird, represented Lt. Giuliano's family. "Frankly, I think the jury listened to the evidence about how this trucking company operated, and got angry. Celadon chose to cut a corner here, and because they did, Lt. Giuliano is dead."
As an indication of their anger, the jury's award includes $2 million in compensatory damages, and another $15.5 million in punitive damages.
Lt. Giuliano, who grew up in Connecticut, died just days before his 24th birthday. At the time of his death, he was engaged to marry a woman he had met in college.
BTTT
I'd like to meet the Einstein who can repair a brake line with a toothpick!
One would have to presume that when a trucking company knows that a high pressure brake line has been "repaired" with a friggin tooth pick, other safety issues abound.
Sounds to me like poor Mr. Giuliano may have been following too close.
I don't get it. How was the deceased not at fault for following too close? How can a big rig stop faster than a smaller lighter vehicle? The dead guy must have been daydreaming. Since the truck had a known problem and still continued on I guess the jury decided they were sole cause
of the accident. That's all I can figure.
This wouldn't have been the case under California law from what I've been told by CHPs. In California you have to leave room in front of you to stop no matter what. Thus in this case the trucking company would have been guilty of one infraction, but the officer would have been at fault for his own accident. Period.
Mcgyver does it all the time! Probably tried to plug a small hole in the air lines. Most big rigs have air brakes I think.
Damn trial lawyers...
Probably have to wrap duct tape around it to make a permanent repair.
Most of You would tremble if You knew what actually goes on. I have not let anyone else spin a wrench on My vehicles for almost 50 years, unless I can watch them do it.
You may be getting robbed, and worse, You may be in danger.
Would the brake lights have come on following the pressure loss ?
From the description of the incident, it sounds to me like the truck's brakes went fully locked up with no warning. I believe that the air brakes on semi's are 'fail-safe' in that they'll do that, rather than not braking, with a loss of pressure.
Even a normal following distance may have not given him any chance to react.
You know all those dual-tire skid marks all over our highways? Safety feature.
When air brake system loses pressure, the brakes are immediately applied and locks up the wheels.
You sound like my husband, don't worry, that is a good thing! :)
You got that right. I just bought a two post lift so I don't have to lay under my vehicles anymore. I do all my own work and always have. Even when I cut corners I do better work than most so called mechanics.
He probably was. The $2M for wrongful death seems kind of low, it probably is indicitive of the fact that the jury found him partially responsible for what happened. California, like most jurisidictions, is a comparative negligence state - that means that it's not an all-or-nothing proposition. His estate doesn't have to show that he was not at all negligent, but rather he has to show that the truck driver was much more negligent.
Well, he had to put the toothpick in the pinhole first and then wrap it around with duct tape, of course.
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