The family of a man killed when logging equipment from an over-sized vehicle toppled onto his vehicle on a bridge over the Mississippi River prevailed recently in an appeal by the logging company and owner.
The U.S. Court of Appeals for the Eighth Circuit affirmed the jury’s award of $3 million in damages in Brown v. Davis, rejecting defense arguments that decedent’s own negligence in speeding broke the chain of causation set in motion by defendant’s failure to stop decedent’s car from entering the bridge in the first place.
This was an over-sized vehicle and it physically could not traverse the bridge without one wheel being partially over the center line. That meant opposite-direction traffic had to be stopped before the truck could proceed. Continue reading →