A United States District Court judge ruled that a wrongful death lawsuit brought by the family of a Massachusetts man killed in a tractor-trailer crash near Oklahoma City can proceed. A detailed article on this fatal collision is available here.
The judge rejected a motion filed by Missouri’s New Prime Inc.
trucking company to dismiss the case for lack of jurisdiction. The judge’s rejection of the motion allows the Massachusetts lawsuit to proceed.
A Tragic Loss
The victim had recently finished driving with an independent contractor training him and was riding as a passenger in the tractor-trailer at the time of the incident. Both men were returning to the company’s headquarters when the instructor rear-ended another tractor-trailer stopped in traffic on an Oklahoma City highway.
The driver of the truck was killed instantly in the crash. His passenger was severely injured and died six days later during a medical transfer.
He left behind three children.
Complicated Circumstances
An attorney for the family stated New Prime, Inc. should be held liable for damages resulting from the crash. The 15-count lawsuit claims wrongful death, conscious pain and suffering, and negligent hiring or supervision.
While the trucking company has yet to answer, it has asked the judge to rule that the suit was improperly filed in Massachusetts for an accident taking place in Oklahoma. The judge ruled the case can be heard in Massachusetts.
An attorney for the family has sent legal notices to medical providers and may file for medical malpractice. The driver’s estate is also listed as a defendant in the wrongful-death action.
We Can Help
If you have experienced the tragic loss of a loved one due to negligent care, medical malpractice, or intentional harm; call Graves McLain right away at 918-359-6600. When you call one of our compassionate Tulsa, Oklahoma Wrongful Death Attorneys, we will speak with you for FREE and determine the best course of action.
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