Michigan Truck Accident Lawyer Gets Judgement For The Plantiff

ROGERS v. J.B. HUNT TRANSPORT

At Issue:
Under Michigan law, an employer is responsible for its employee’s negligence if the employee committed the negligent act within the scope of employment. In this case, a truck driver who is a defendant in a wrongful death suit failed to cooperate with discovery; a default judgment, including a finding that the driver was negligent, was entered against him. Can the plaintiff use that default judgment to establish the employer’s liability – and financial responsibility – for the accident?

Background:
In 1996, J.B. Hunt, a trucking company, employed Wesley Howard Crenshaw as a truck driver. On June 17, 1996, Crenshaw parked a tractor-trailer owned by Hunt on the north shoulder of westbound I-96. Daimon Ja’von Rogers died when his vehicle left the paved highway and collided with the tractor-trailer on the shoulder.

Plaintiff Alfonso Rogers, as personal representative of Daimon Rogers’ estate, sued Hunt and Crenshaw in Eaton County Circuit Court. Rogers claimed that Crenshaw was negligent, that his negligence was the proximate cause of Daimon’s death, and that Hunt was vicariously liable for Crenshaw’s negligence. In their answers to the complaint, Hunt and Crenshaw admitted that crenshaw was employed by Hunt and that he was acting within the scope of his employment when the accident occurred.

Hunt also terminated Crenshaw’s employment. Crenshaw did not appear for his deposition, failed to cooperate with discovery in the case, and did not respond to attempts to contact him. The plaintiff moved for a default judgment against Crenshaw, which was granted by Eaton County Circuit Judge Calvin T. Osterhaven. Ultimately, the judge ruled that the default had the effect of establishing Crenshaw’s negligence.

Because both Hunt and Crenshaw admitted that Crenshaw was employed by Hunt and acting within the scope of his employment during the accident, Hunt was liable for crenshaw’s negligence, the judge stated. Moreover, because of the default judgment, Hunt could not argue that Crenshaw was not negligent, the judge concluded.

TheCourt of Appeals affirmed.
Hunt appeals.

Contact us if the above is similar to your legal case or legal problem. Contact our Michigan Personal Injury lawyers at our law firm located in Southfield, Michigan. Your legal options will be explained.