It was a simple denial of a defense motion for continuance that resulted in overturning a $2.5 million verdict in favor of a plaintiff whose wife had died in a truck accident. That doesn’t mean plaintiff has lost, but it will start the lengthy process of trial preparation all over again. It’s possible when faced with this prospect (and already knowing how a jury might weigh the facts of the case), that a settlement will be worked out before it comes to that.
Still, it’s disappointing news for the plaintiff, whose truck crash case was recently weighed by the Alabama Supreme Court.
On the day of the accident, pursuant to a contract with the owner of a local paper mill, defendant instructed his employees to drive two company dump trucks to gather debris and take it to a nearby dump site. After loading the trucks, the drivers traveled to the dump site, which required them to travel down a narrow, two-lane road for part of the way. Continue reading →