Truck Driver and Carriers Named in Wrongful Death Lawsuit

By Ehline Law Firm PC - This is a real life example of a recent fatality insurance claim that has been filed as a court case for personal injuries. A lawsuit was recently filed in a multiple fatality chain reaction accident that occurred on September 9th, in Cheyenne County names the truck driver in the suit, who is charged with the deaths of four family members and an unborn child. His employer, one trucker and several other trucking businesses, are also named in the suit filed October 29th in U.S. District Court in Lincoln. I have actually been there before and it is a pretty rural area.

The Immediate Family is Suing

Parents Bradley Bauman and Nancy R. Bauman of Diana R. Schmidt and mother Donna J. Costley of Christopher D. Schmidt filed the lawsuit and the estates of Daina and Christopher Schmidt and their two children, Samuel Donovan and Conner Bradley Schmidt. The accident killing the four occurred on Interstate 80 in the vicinity of Potter. The estates of the four were opened October 23rd in the Superior Court of California, in Placer County. The Baumans and Costley were named as co-special administrators of the estates.

The Defendant(s)

The truck driver named in the lawsuit Josef Slezak, 36 of River Grove, Illinois, who was also charged with nine felony counts of manslaughter and vehicular manslaughter in Cheyenne County District Court. His employer AKI Trucking of Romeoville, Illinois, Vladamir Zhukov, 66 of Oak Park, Illinois and his employer, Swift Truck Lines, of Wheeling, Illinois, MTR Express, the DOT carrier listed for Zhukov, North Metro Truck Leasing, of Albertville, Minnesota and Long Haul Trucking of Albertville, Minnesota are also named in the suit.

The DOE Defendants

Included in the suit are ten John Doe’s, who are unknown individuals or entities that were responsible for the maintenance of the braking system on the big Zhukov operated. According to the claim all of the John Doe’s are believed to be Illinois residents. The plaintiffs are seeking damages from pre-judgment interests and jury, from the date of the accident loss, the cost of lawyers fees and the cost of litigation. The accident occurred on September 9th, and at approximately 4:22 a.m. the Cheyenne County Sheriff’s Office was alerted to respond to the scene of the crash that involved a disabled truck on westbound I-80, at mile marker 41 in the vicinity of Potter. A second big rig collided with the parked truck that was operated by Zhukov.

The Complaint Alleges Lost Air Pressure

The tractor-trailer Zhukov was operating had allegedly lost air pressure from the governor, stalling in the right-hand lane of the roadway and was owned by Swift Truck Lines. The truck was struck from behind by another big rig driven by Keith Johnson of Big Lake, Minnesota, who was employed by Long Haul Trucking.

The Decedents

Johnson was killed in the crash and pronounced dead at the scene. Johnson’s trucking companies, North Metro Truck Leasing and Long Haul Trucking were both name in the suit, Chalat said. Also blamed for their role in the chain-reaction crash, is Zuhkov, MTR Express and Swift Trucking, Inc. Already on the scene of the first accident Cheyenne County deputy Zack Goodrich, and Deputy Sheriff Fred Wiedeburg, was on his way to a second collision approximately a mile east of the first crash. This collision involved a tractor-trailer truck and two passenger vehicles. The trailer was disconnected by the truck operator. According to an affidavit against Slezak, the big rigs became engulfed in flames. The big rig Slezak was driving was owned by AKI Trucking and collided with a 2010 Ford Mustang, driven by Christopher Schmidt. The impact of that collision resulted in a 2007 Toyota Corolla driven by Diana Schmidt to be propelled underneath of a big rig in front of the vehicle. At the time of the collision the lawsuit claims the truck Slezak was operating was traveling approximately 75 mph. The original complaint filed by Cheyenne County Attorney Paul Schaub, at the time of the collision the couple was in the process of relocating from Gaithersburg, Maryland and both vehicles were registered in the names of Diana and Christopher Schmidt. The accident killed Diana, Christopher and their children Samuel and Conner, along with their unborn child of 30 weeks, Ethan Schmidt. Evidence presented in the preliminary hearing, included allegations that Slezak drove from Wisconsin to the Panhandle without stopping, prior to the accident. This exceeds Department of Transportation standards, for in-service duty, which is listed in the lawsuit. Slezak, was scheduled for another hearing November 7th, after filing a plea through his attorney Kelly Breen, for abatement. Slezak is in Cheyenne County Jail, in lieu of $1 million bail. So this fact pattern raises issues of insurance coverages, course and scope of employment, arguing over the division of awards, etc. You can learn about recovery of damages for wrongful death lawsuits over here. Other than that, just keep reading this blog. Sources: http://www.thetrucker.com/News/Stories/2012/11/2/Truckdrivercarrieramongthosenamedinwrongfuldeathsuit1.aspx http://www.ehlinelaw.com/pages/3420/expert_losangeleswrongfuldeathattorneys.htm