Trucker Claims Suicidal Pedestrian Ran Into Rig's Path
A jury finds no liability by a truck driver after the defense argued the victim was standing still when hit.
May 04, 2020 at 01:52 PM
1 minute read
MOTOR VEHICLE
HILLSBOROUGH CIRCUIT COURT
A jury found no liability on the part of a tractor-trailer driver who fatally struck a 22-year-old man on a road in Lithia in 2014.
The decedent's family alleged the truck driver was speeding while using cruise control, reducing his ability to avoid the pedestrian.
The defense argued the accident was an unavoidable act of suicide. The victim had been institutionalized and was undergoing counseling at the time of the accident. A defense accident-reconstruction expert opined the markings on the truck's front end suggested the victim was stationary when hit. The jury found no negligence by the driver.
Case: Estate of Joerger v. Foster
Case No.: 15-CA-005254
Plaintiffs attorney: Bryan D. Caulfield, Perenich, Caulfield, Avril & Noyes, Clearwater
Defense attorney: David M. Goldstein, Marcos Rothman Valdes & Goldstein, Miami
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