Trial Magazine

Donald Peace, who was in his late 50s, was driving to work in rainy conditions in the middle of the night. As Peace drove along a two-lane highway, Keith Rock, who was operating a tractor-trailer for Berkeley Scrap Metal, attempted to back out onto a side street, blocking several lanes of the highway. Peace collided with the tractor-trailer and suffered fatal injuries. He is survived by his wife and two adult children.

Peace’s estate sued Berkeley Scrap Metal, alleging liability for Rock’s failure to keep a proper lookout when backing onto the side street. Suit also alleged that the tractor-trailer lacked adequate reflective tape as required by federal motor vehicle safety regulations.

The defendant defaulted, and the jury awarded the plaintiff $5.5 million.

Citation: Peace v. Berkeley Scrap Metal, No. 4:18CV00041 (N.D. Ala. Sept. 17, 2019).

Plaintiff counsel: AAJ member J. Robert Potter and Steven Cole, both of Birmingham, Ala.