With permission from American Association for Justice, here is the text of the article in full:
“Side underride guard could have prevented motorist’s death, estate claimed
“Sun v Lufkin Indus., L.L.C., No. 20140CI-04970 (Tex., Bexar Co. Jud. Dist. June 5, 2014).
“Kuo-Tung Sun, 47, was driving in one of two west-bound lanes of a state highway when a tractor-trailer owned and operated by INJ Transport, Inc., pulled out from an intersecting road ahead of him and began crossing the highway, intending to turn onto the eastbound lanes to yield to oncoming traffic, leaving a portion of the trailer blocking Sun’s lane. He was unable to stop in time to avoid a collision, and his car underrode the left rear side of the trailer. He suffered fatal blunt-force trauma injuries and died on impact, survived by his wife and two minor children.
“Sun’s wife, on behalf of his estate, sued Lufkin Industries, Inc., which manufactured the trailer, alleging that it was defective in that it lacked a side underride guard. The plaintiff claimed that a guard would have prevented Sun’s vehicle from underriding the trailer and could have prevented his fatal injuries.
“The plaintiff also sued the company that owned and operated the tractor-trailer, alleging that it was liable for its driver’s negligence in failing to keep a proper lookout and in pulling out into the road with the trailer partially in Sun’s lane. The estate claimed unspecified lost earnings, among other damages.
“The defense argued that because Sun was driving at the posted speed limit of 75mph, a side underride guard would not have prevented his death in a collision.
“The parties settled before trial for $1.08 million. The defendants’ contributions are confidential.
“Plaintiff counsel: Jason M. McMinn, Austin, Texas.”
The Sun case profiled above is just one example of how the McMinn Law Firm has helped people who suffer injury in a crash and are considering whether they might benefit from engaging a car accident lawyer. Whether the location of your crash would indicate what’s needed is a Round Rock, Cedar Park, Georgetown, San Antonio, or Austin car accident lawyer, McMinn Law Firm hopes you’ll call us to provide a free case evaluation.