Trial Magazine

Scott Stevenson, 52, was driving his utility van on a busy interstate highway when he rear-ended a broken-down Freightliner truck that had been stopped in the middle traffic lane for 14 minutes. Stevenson suffered fatal injuries. He had been a self-employed plumber earning up to $120,000 annually and is survived by his wife and adult daughter.

Stevenson’s estate sued the truck driver, Richard Delcore, and Simpson Group Inc., which leased the truck and employed Delcore. The plaintiff alleged negligent failure to check the truck’s rear wheels for mechanical issues, timely call 911 or a dispatcher after the break-down, pull over to the shoulder of the road, and place warning triangles to alert oncoming vehicles to the disabled truck. The plaintiff also claimed that Simpson Group was liable for negligent hiring, training, and supervision and failure to enforce rules regarding safety inspections.

The defense argued that the ­break-down was sudden and unexpected and that the truck was surrounded by 70-mph traffic and had a locked rear wheel. The defense also argued that Stevenson had been distracted.

The jury awarded Stevenson’s estate more than $6.47 million, apportioning liability at 60 percent to Delcore, 25 percent to the Simpson Group, and 15 percent to the plaintiff.

Citation: Stevenson v. Delcore, No. 2015-002128-NI (Mich. Cir. Ct. Wayne Cnty. Feb. 28, 2018).

Plaintiff counsel: AAJ members Jeffrey T. Stewart and Tiffany R. Ellis, both of Farmington Hills, Mich.

Plaintiff experts: Timothy Robbins, accident reconstruction, Bay City, Mich.; Phil Smith, trucking, Grand Junction, Colo.; Michael Grima, truck mechanics, Canton, Mich.; and Kirk Cummings, trucking safety, Detroit.