Trial Magazine

Atinderpal “Gavan” Singh, a commercial­ trucker, was driving his tractor-trailer eastbound on Interstate 80 in Nebraska. Freddie Galloway, a trucker for Ecklund Logistics, Inc., was also driving ­eastbound on the interstate, some distance ahead of Singh. It was late summer, and a grass fire had broken out on the highway median. Local fire and sheriff personnel were on the scene attempting to contain the fire and control traffic. Galloway heard about the fire on his CB radio while still several miles away and slowed his truck to 5 mph in a 75-mph zone, driving at that speed for five to 10 minutes as he approached the area of the fire.

Singh, 23, came upon Galloway’s truck and was unable to slow down in time. As he steered left to try to avoid the truck, the front of his cab struck Galloway’s trailer. Singh’s truck exploded on impact, and he was ejected from the cab. He sustained massive injuries and died at the scene. At the time of his death, his wife was pregnant with the couple’s first child, who was born one month after his father’s death.

Singh’s wife, individually and on behalf of his estate and the couple’s infant son, sued Galloway and Ecklund Logistics, alleging that Galloway was negligent in driving too slowly under the circumstances and in failing to activate his hazard lights, driving while fatigued and distracted, and failing to properly control his vehicle and keep a proper lookout. The plaintiffs also alleged negligence per se for Galloway’s violation of a state statute prohibiting slow driving that impedes the flow of traffic.

The lawsuit included a claim against Ecklund Logistics for negligent hiring, but the defense obtained summary judgment on that claim.

The plaintiffs presented evidence that at the time of the crash, Galloway was driving in violation of federal hours-of-service regulations and had falsified his logbook. The plaintiffs asserted that two days before the collision, Galloway filled out his log in a way that showed he was off duty for a 24-hour period. He also completed a log for the same day, however, showing that he spent that day on duty, driving and making stops. Galloway reportedly admitted at deposition to being on duty and expressed confusion when confronted with a second logbook page for the same day showing that he was off duty. When the accurate logbook page was considered, the plaintiffs contended, it showed that Galloway had been driving or on duty more than 70 hours over the maximum allowable time for an eight-day period.

The plaintiffs also offered Galloway’s deposition testimony, in which he admitted that he was talking on his cell phone at the time of the crash, and his testimony acknowledging that he had slowed to 5 mph.

The defendants argued that Galloway was using his hazard lights and that Singh failed to keep a proper lookout and observe the lights and trailer.

To counter the hazard lights claim, plaintiff counsel presented video obtained from the local sheriff’s office showing Galloway’s truck immediately after the crash. In the video, the truck’s flashing lights are blinking on the left side only. At trial, the plaintiffs showed the video to the Nebraska state trooper who had inspected the truck after the crash and determined that the lights were functioning properly. The trooper testified that the video showed that the truck’s left turn signal was illuminated after the wreck, not the hazard lights.

The jury allocated fault at 55 percent to Galloway and 45 percent to Singh and awarded approximately $2.25 million. After reduction for fault, the verdict totaled approximately $1.24 million. As of this writing, a defense motion for a new trial is pending.

Citation: Basra v. Ecklund Logistics, Inc., No. 8:16-cv-00083 (D. Neb. Aug. 29, 2017).

Plaintiff counsel: AAJ members Justin R. Kaufman and Rosalind B. Bienvenu, both of Santa Fe, N.M.; AAJ member Stephen J. Kelly, Santa Monica, Calif.; and AAJ member Christopher P. Welsh, Omaha.

Plaintiff experts: Steve Irwin, accident reconstruction, Dallas; Lew Grill, trucking practices, Billings, Mont.; and David Rosenbaum, economics, Lincoln, Neb.

Defense expert: Steve Sokol, accident reconstruction, Omaha.