Woman Suffered Brain Injury in Accident With Truck; She Claimed Driver Violated
Federal Regulations
DOLAN MEDIA NEWSWIRE:
Cheryl Dodson sued James Avis, a truck driver, and Avis Auto Transport, his employer,
after an accident in Bolivar, Mo. Dodson suffered mild traumatic brain injury in
the April 1, 2000 collision at the intersection of Highway 13 and Highway 32.
Dodson claimed that she entered the intersection on a green light in her Plymouth
and was struck by a tractor-trailer truck driven by Avis. She said Avis failed to
yield the right-of-way, failed to keep a careful lookout, was speeding and ran a
red light. Dodson also argued that Avis and Avis Auto Transport violated Federal
Motor Carrier Safety Regulations including regulations covering ill or fatigued
drivers, requiring driving schedules to conform to speed limits and regarding qualifications
and disqualifications of drivers.
The defendants argued that Dodson caused the accident by speeding and failing to
watch for other vehicles before entering the intersection. They also claimed that
she could have avoided the accident by braking and that she failed to mitigate her
damages by wearing a seatbelt.
Type of Action: Tractor-trailer/automobile accident
Type of Injuries: Mild traumatic brain injury
Court/Case Number/Date: Greene County Circuit Court/100CC3798/ August 2002
Caption: Dodson v. Avis Auto Transport, et al.
Judge, Jury or ADR: Mediation
Name of Judge: Henry W. Westbrooke Jr.
Verdict or Settlement: settlement
Allocation of Fault: N/A
Last Offer: None
Last Demand: None
Attorneys for Plaintiff: Daniel T. Ramsdell and Charles K. Willoughby, Ramsdell
Law Firm, Springfield
Insurance Carrier: Gulf Insurance Companies
Plaintiff's Experts: Thomas Blansett, Springfield (neuropsychologist)
Defendant's Experts: None
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