Another Defense Verdict In Multiple Fatality/Fire Case - Santa Fe, NM

2016-09-22

Jeff Ray, along with the RPM trial team of Deena Buchanan and Paco Casas (IT Support), obtained a complete defense verdict in a multiple collision (8 vehicles) and multiple death (7 deaths) case in a lengthy trial in Santa Fe, New Mexico. Although a number of parties settled claims prior to trial, other parties chose to try the lawsuit against Saia Motor Freight, one of the largest trucking companies in the U.S.

The accident occurred on May 22, 2014 on I10 near Lordsburg, NM. A dust storm slowed traffic and all of the drivers later experienced a blinding dust storm event. The Saia driver impacted a car from behind, which resulted in a pileup of many vehicles, including 2 additional 18-wheelers and several passenger vehicles. A raging fire ensued immediately after the crash. The plaintiffs argued that Saia caused the chain reaction resulting in the deaths of 7 people, because the Saia driver did not safely reduce his speed, continued to travel in a dust storm at an unsafe speed when he should have exited to the shoulder and violently rear-ended a car in front of him, resulting in the death of the driver of that vehicle. Plaintiffs claimed that a number of the victims were burned alive and could not escape their vehicles.

Expert witnesses for the plaintiffs included Whitney Morgan (FMCSR truck expert), Alan Asay (accident reconstruction), Jerry Cuderman (accident reconstruction), Dr. Lori Proe (Pathologist) and police officers. Expert witnesses for the defense included Dr. Juan Herrera (accident reconstruction), Dr. Elizabeth Austin (Forensic Meteorologist), Anita Kerezman (trucking safety expert) and police officers.

The defense of the case focused on the sudden changing weather conditions that caused drivers to panic, slow down dangerously in the travel lanes, and react differently, causing the sudden pileup. Although the Saia driver continued to drive in the dust storm with limited visibility, he later faced an emergency situation when the dust storm became a microburst condition that blinded all of the drivers.

Plaintiffs demanded $15 million dollars from Saia during trial. Plaintiffs refused a confidential high-low agreement, as well. The jury returned its verdict, after 5 hours of deliberations, and found that Saia did not cause the fatal accidents. The jury, well known in Santa Fe to be a liberal venue, consisted of 9 women and 3 men, most of whom were educated beyond high school.